Birth Defect Litigation: A Simple Definition
Why You Should Hire a Birth Defect Lawyer
If your child was born with a birth deformity it can have a devastating effect on the entire family. The cost of therapy, medical bills and other expenses can quickly increase.
A Hyattsville lawyer that specializes in birth defects could help you claim compensation for the cost of caring for your children with disabilities. Legal claims for birth defects are a bit nebulous, so it is important to seek legal advice as soon as you can.
Medical Malpractice
Medical professionals must adhere to a standard of care when treating pregnant women or their infants. Doctors can be held liable for damages if their actions result in birth defects or injuries. A DC lawyer with experience in lawsuits for birth defects can assist you in determining whether your child's condition could have been caused by an error made by a doctor during pregnancy or the birth.
A doctor could be liable for an injury to the fetus if they fail in diagnosing or respond adequately to fetal distress. This can lead to numerous serious issues, including hypoxic-ischemic neuropathy and brain injuries like cerebral palsy.
The difference between birth defects and birth injury is that defects are a part of a person's genetic makeup, while injuries are caused by something occurring during labor, pregnancy or delivery. The most common injuries are Erb's Palsy where the nerves that control the infant's arms and legs are stretched or torn. Another form of injury is called caput succedaneum. It's an increase in the size of the scalp. birth defect lawyer new mexico can result in permanent disability and ongoing treatment will cost a great deal of money. A Washington, DC birth defect lawyer can offer a no-cost initial consultation to look over your case and determine the best way to proceed for you and your child.
Prescription Drugs
A birth defect lawyer may be able to help parents determine the cause of the 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 variety of common medications can have negative effects on foetuses. This is particularly relevant in the first three months of pregnancy. Anti-nausea medications, NSAIDs and chemotherapy drugs are among the most commonly used. These drugs have been proven to increase the risk of limb and brain defects, heart defects and craniosynostois.
It is the responsibility of a doctor to consider these risks when prescribing medicines for women who are pregnant. If doctors fail to adhere to this standard of care, then they could be held accountable for malpractice. Pharma companies can also be held responsible for not properly inform mothers of the risks associated with their medications. Zofran is a drug used to treat nausea among cancer patients, was shown to increase the risk of major defects in the first trimester pregnancy.
A birth defect lawyer can help a family receive reimbursement for future and ongoing medical expenses resulting from the disability or injury and also loss of earnings and quality of life. This could include hospital costs, doctor's fees, pharmaceutical costs and other expenses as well as assistive devices and therapy.
Chemical Exposure
A birth defect lawyer may file a lawsuit on behalf of families of children who have congenital disabilities as a result of the negligence of companies which expose pregnant women and medications that cause birth defects. These lawyers are specially trained to identify the root of the birth defect so that they can bring a lawsuit against companies who expose mothers to teratogens as they work or at their homes.
Some of the chemical exposures that can lead to birth defects include metals, fungicides, herbicides and other pesticides. These chemicals are referred to as teratogens due to their impact on the development of the fetus by creating chemical changes that hinder normal cell function or lead to organs that are malformed. These chemicals are found in a variety of locations, such as the manufacturing of semiconductors and cleaning of metals.
Other harmful chemicals that could cause birth defects are aliphatic chlorinated hydrocarbons such as perchloroethylene, trichloroethylene and dichloroethane. These chemicals are known to cause cardiac birth defects in babies born to mothers who were exposed during their time in the womb.
Parents have filed lawsuits against a variety of companies who were responsible for the exposure of families of soldiers at Camp Lejeune to these harmful chemicals. Some of these birth defects lawyers have secured substantial settlements for families who had children born with severe defects resulting from the toxic chemical exposures at the base.
Environmental Exposure
Some birth defects can be caused by a combination of medical negligence and environmental conditions or chemicals. If a family suspects that 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 substances in the environment can cause birth defects of a serious nature when they are consumed or absorbed by pregnant women. These substances are known as teratogens. More than 4 million chemicals are found in our air, food and water. Certain of these chemicals could be harmful to pregnant women.
Arsenic in drinking waters or cadmium found in coal that has been contaminated for instance, may cause birth defects and other health issues. Certain birth defects are also related to industrial solvents, such as benzene (a metal degreaser) as well as toluene (a solvent for plastics) and trichloroethylene. Glycol ethers, used in the production of semiconductors, silicon chips and video displays, are known to increase the chance of having birth defects too.
LK's skilled birth defect attorneys have brought numerous lawsuits on behalf of children who have suffered from a variety of birth defects caused by the wrongful exposure to chemicals and toxic substances at work or at home. These lawsuits often involve sophisticated scientific analysis and experts as witnesses, like toxicologists or epidemiologists, geneticists occupational medicine specialists and embryologists.