Birth Defect Litigation: A Simple Definition

Why You Should Hire a Birth Defect Lawyer

If your child was born with a birth defect this can cause a huge impact on you and your family. Medical bills, therapy expenses and other losses can quickly mount up.

A Hyattsville birth defect lawyer (Related Site) can assist you in filing an action to collect compensation for the expenses of caring for your disabled child. A legal claim for birth defects could be complicated, and you should seek legal advice as soon as you can.

Medical Malpractice

Medical professionals must adhere to a certain standard when treating pregnant women or their babies. If the actions of a doctor are in violation of this standard and result in birth defects or injuries, they can be held accountable for the damages sustained by their patient. A DC lawyer who is experienced in birth defect lawsuits can assist you in determining whether your child's condition could have been caused by an error made by the medical professional during pregnancy or delivery.

A doctor could be liable for birth injuries if they fail in diagnosing or adequately respond to distress of the fetus. This could lead to various serious problems, including hypoxic-ischemic encephalopathy as well as brain injuries such as cerebral palsy.

The difference between a birth defect and a birth injury is that defects are a part of a person's genetic make-up and injuries are triggered due to something happening during labor, pregnancy or delivery. The causes of injuries include issues like Erb's syndrome which is caused when the nerves which energize and control an infant's arms are stretched or torn during birth as well as caput succedaneum which is a swelling of the scalp. Both of these could result in permanent disability and require ongoing treatment, resulting in large medical expenses. A Washington, DC birth defect lawyer can provide a free initial consultation to look over your case and determine the best course of action for you and your child.

Prescription Drugs

A birth defect lawyer may be able to help parents determine the reason for a child's birth injury or defect. Many birth defects are caused by the genetics of the baby or other factors during pregnancy. However, medications can also cause birth defects. A number of commonly used medications have a significant effect on fetuses, particularly in the first trimester of a pregnancy. Anti-nausea medicines, NSAIDs and chemotherapy drugs are among the most commonly used. These medications have been linked to a higher risk of deformities in the limbs and heart defects, brain deformities and craniosynostois.

The duty of a doctor is to take into account these risks when prescribing medication for pregnant women. If doctors fail to adhere to this standard of care, then they may be held liable for malpractice. Pharma companies could also be held accountable for not properly informing mothers of the risks that come with their medication. For example, Zofran, a medication used to treat nausea in cancer patients, has been demonstrated to significantly increase the risk of congenital defects that are major in the first trimester of pregnancy.

A birth defect lawyer can help families get compensation for current and future medical expenses resulting from the disability or injury, in addition to loss of income and quality of life. This can include doctor's, hospital prescription, pharmaceutical, and other costs, as well as aidive devices and therapies.

Chemical Exposure

A birth defect lawyer may bring an action on behalf of the families of children suffering from congenital disabilities resulting from the negligence of companies that expose pregnant women to chemicals or drugs that cause birth defects. They are trained to determine the root of birth defects so that they can bring a case against companies that expose pregnant women to teratogens at workplace or at home.

Some of the exposures to chemicals that lead to birth defects are the fungicides, metals, herbicides and other pesticides. These chemicals are referred to as Teratogens as they interfere with the healthy development of the fetus through creating chemical changes that hinder normal cell function or create malformed organs. These chemicals can be used in a variety of environments, including the manufacturing of semiconductors and cleaning of metals.

Other chemicals that can cause birth defects are hydrocarbons with aliphatic properties, like trichloroethylene perchloroethylene or dichloroethane. These chemicals have been proven to cause birth problems, including cardiac disorders in babies born to mothers exposed to them while in the womb.

Parents have filed suit against a number of companies involved in exposing the families of soldiers at Camp Lejeune to these harmful chemicals. Some of the birth defect lawyers have obtained significant settlements on behalf of families who had their children born with severe birth defects because of exposure to toxic chemicals at the base.

Environmental Exposure

Certain birth defects are caused by the combination of medical negligence and environmental conditions or chemical. If a family suspects a child's birth defects may be due to medical negligence, prescription drug overdose, or exposure to harmful chemical and/or environmental factors, they should talk to a DC birth injury lawyer to discuss their case.

Chemicals and other pollutants in the environment can cause serious birth defects when they are consumed or taken in by pregnant women. Teratogens are the name for these chemicals. More than 4 million chemicals can be found in our food, air and water. Certain of these chemicals could be harmful to pregnant women.

For example, arsenic in drinking water as well as cadmium derived from coal that has been contaminated can trigger various birth defects and health issues. Certain birth defects can also be associated with industrial solvents like benzene (a metal degreaser) and toluene (a solvent for plastics) and trichloroethylene. Glycol-ethers are also known to increase the risk of birth defects in women. These chemicals are used to manufacture semiconductors, silicon chip displays and video displays.

LK's highly experienced birth defect lawyers have filed a variety of lawsuits on behalf of children who have suffered from a wide range of birth defects due to improper exposure to chemicals and toxic substances at workplaces or at home. These lawsuits involve complex scientific analyses and expert witnesses like toxicologists and epidemiologists.