Birth Defect Litigation: A Simple Definition

Why You Should Hire a Birth Defect Lawyer

If your child was born with an anomaly in the birth this can be devastating for you and your family. Medical bills, therapy expenses and other losses can add up quickly.

A Hyattsville birth defect lawyer can help you file claim for reimbursement for the costs of caring for your child with disabilities. A legal claim for birth defects may be complicated, so you should seek legal advice whenever you can.

Medical Malpractice

Medical professionals are required to adhere to a certain standard when treating pregnant women or their infants. If a doctor's actions are not in line with this standard and result in birth defect or injury and/or death, they may be held liable for the damages sustained by their patient. A DC lawyer with experience in birth defects lawsuits will help you determine if your child's condition was caused by a medical error during pregnancy or the birth.

A doctor could also be the cause of an injury that occurs during birth if they fail to recognize or appropriately respond to distress in the fetus. This could lead to a variety of serious complications, including hypoxic ischemic brain injury (HIE) and brain injuries such as cerebral palsy.

Birth injuries differ from birth defects in the sense that they are caused by events during pregnancy, delivery, or birth defect attorneys labor. A possible injury is Erb's spalsy which is a condition where the nerves that control the infant's arms and limbs are stretched or torn. Another type of injury is called caput succedaneum. It's an inflammation of the scalp. Both of these conditions can lead to lifelong disability and require ongoing treatment, which can result in significant medical bills. A Washington, DC birth defect lawyer can offer a no-cost initial consultation to review your situation and determine the best method 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. While many birth defects are the result of genetics and the factors that influence the pregnancy of a mother but they can also happen due to medications. A variety of common medications can have a significant effect on fetuses especially during the first trimester of pregnancy. This includes anti-nausea medication, NSAIDs, chemotherapy medications, certain antibiotics, and many more. These drugs have been found to increase the risk of limb and brain defects, heart defects and craniosynostois.

A doctor's duty is to be aware of the risks when prescribing medications for women who are pregnant. If doctors do not follow this standard of care, they may be held liable for malpractice. Pharma companies could also be held responsible for not adequately informing mothers about the risks of their medication. Zofran is a medication used to treat nausea among cancer patients, was found to increase the risk of major defects in first-trimester pregnancies.

A birth defect lawyer can help families get reimbursement for future and ongoing medical expenses that result from the disability or injury and also loss of income and quality of life. This can include doctor's, hospital pharmaceutical, and other costs, in addition to assistive devices and treatments.

Chemical Exposure

A birth defect lawyer can sue parents of children with congenital disabilities because of the negligence of companies who expose pregnant women to chemicals and medications that cause birth defects. These lawyers are specially trained to determine the root of the birth defects so that they can bring a suit against companies that expose pregnant women to teratogens either at work or in their home.

Some of the chemical exposures that can lead to birth defects include the fungicides, metals, herbicides and other pesticides. These chemicals are called teratogens because they affect the healthy development of the fetus by making chemical changes that inhibit normal cell function or cause malformed organs. These chemicals are used 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 or dichloroethane. These chemicals have been found to cause birth defects, such as cardiac defects, in babies born to mothers who were exposed to them while in the womb.

Parents have filed lawsuits to ensure that companies are held accountable for the families of soldiers at Camp Lejeune, North Carolina exposed to harmful chemicals. Some of these birth defects lawyers have secured significant settlements for families who had children born with severe defects resulting from the exposure to toxic chemicals at the base.

Environmental Exposure

Certain birth defects are caused by the combination of medical negligence and environmental factors or birth defect attorneys chemicals. If a family suspects the birth defects of a child could be the result of medical negligence, prescription drug overdose, or exposure to harmful chemical or chemical substances, they should speak with an DC birth injury lawyer to discuss their case.

Chemicals and other contaminants in the environment can cause serious birth defects when they are consumed or absorbed by pregnant women. These chemicals are referred to as Teratogens. Over 4 million chemicals are present in our air, food and water and a few are harmful if they come into contact with a woman who is pregnant.

For instance, arsenic in drinking water, and cadmium from coal that has been contaminated can trigger numerous birth defects and health problems. Industrial solvents, such as trichloroethylene, toluene, and benzene (a metal degreaser) are also linked with certain birth defects. Glycol-ethers, which are employed in the manufacturing of silicon chips, semiconductors and video displays are recognized to increase a woman's risk of birth defects too.

LK's experienced birth defect attorneys have filed numerous lawsuits on behalf of children who suffered from a myriad of birth defects resulting from improper exposure to chemicals and toxic substances at work or at home. These lawsuits typically require sophisticated scientific analysis and expert witnesses, including toxicologists and epidemiologists, geneticists, occupational medicine experts, and embryologists.