7 Simple Tricks To Rocking Your Birth Defect Litigation
Why You Should Hire a Birth Defect Lawyer
If your child was born with an anomaly in the birth this can have a devastating impact on you and your family. The cost of therapy, medical bills and other expenses can quickly add up.
A Hyattsville lawyer that specializes in birth defects could assist to file a claim for reimbursement for the expenses of caring for your children with disabilities. Legal claims for birth defects are a bit nebulous, so it is important to seek legal advice immediately.
Medical Malpractice
Medical professionals must follow a set of guidelines when treating pregnant women and their infants. A doctor could be held liable for damages when their actions cause birth defects or injuries. A DC lawyer with experience in lawsuits for birth defects can assist you in determining whether your child's condition may be due to an error made by a doctor during pregnancy or the birth.
A doctor could also be accountable for a birth injury when they fail to diagnose or properly respond to fetal distress. This could lead to a variety of serious issues, such as hypoxic ischemic encephalopathy (HIE) and brain injuries like cerebral palsy.
The distinction between birth defects and birth injury is that defects are part of a person's genetic make-up and injuries are caused by something that happens during labor, pregnancy or during delivery. The most common injuries are Erb's Palsy where the nerves that control the baby's arms and limbs are stretched or torn. Another form of injury is called caput succedaneum. It's an increase in the size of the scalp. Both of these can result in permanent disability and require ongoing treatment, which can result in significant medical bills. A Washington, DC birth defect lawyer will provide a no-cost initial consultation to analyze your situation and determine the best option for you and your child.
Prescription Drugs
A birth defect lawyer might be able to assist parents determine the reason for the child's birth injury or defect. While many birth defects are the result of the genetics of a mother's pregnancy but they can also happen as a result of medication. A variety of common medications can have a significant effect on fetuses and babies, particularly during the first trimester of a pregnancy. Anti-nausea medication, NSAIDs and chemotherapy drugs are among the most commonly used. These drugs have been linked to an increase in chance of limb deformities, heart defects, brain deformities and craniosynostosis.
It is the professional responsibility of doctors to consider the risks when prescribing medication for pregnant women. If doctors fail to adhere to this standard of care, then they may be held liable for negligence. Pharmaceutical companies can be held accountable for not properly warning mothers about the risks associated with their medicines. For instance, Zofran, a medication used to treat nausea in cancer patients, has been shown to significantly increase the risk of major congenital defects in the first trimester of a pregnancy.
A birth defect lawyer can help families receive compensation for current and future medical expenses resulting from the disability or injury, and also loss of earnings and quality of life. This can include hospital, doctor's prescription, pharmaceutical, and other expenses, as well as aidive devices and treatments.
Chemical Exposure
A birth defect lawsuit defect lawyer may bring an action on behalf of families of children who suffer from congenital disabilities resulting from the negligence of businesses who expose pregnant women chemicals or drugs that cause birth defects. These lawyers are specially trained to determine the cause of the birth defect so that they can bring a lawsuit against the companies that expose mothers to teratogens during the time they work or at their home.
Some of the chemical exposures that can lead to birth defects are herbicides, fungicides, metals and other pesticides. These chemicals are known as teratogens due to their impact on the growth of the fetus making chemical changes that inhibit normal cell function or lead to malformed organs. These chemicals can be found in a variety of situations, such as semiconductor manufacturing and metal cleaning.
Other chemicals that can cause birth defects include aliphatic hydrocarbons, such as dichloroethane or trichloroethylene perchloroethylene. These chemicals have been proven to cause birth defects, such as cardiac defects in babies born to mothers who were exposed to them in the womb.
Parents have filed lawsuits to expose companies to liability for exposing families of soldiers at Camp Lejeune, North Carolina exposed to harmful chemicals. Some of these birth defect lawyers have secured significant settlements on behalf of families whose children were born with severe defects as a result of exposure to toxic chemicals at the base.
Environmental Exposure
Certain birth defects can be caused by a combination of medical negligence and environmental factors or chemicals. If a family is concerned that their child's birth defect may result from medical malpractice, prescription drug overdose or exposure to toxic chemicals, they should consult an DC birth injury lawyer to discuss the matter.
If pregnant women consume or absorb contaminants from their environment, they can cause serious birth defects. Teratogens are the names given to these substances. More than 4 million chemicals exist in our air, food and water and a few can be harmful when they come into contact with a woman who is pregnant.
For instance, arsenic in drinking water and cadmium in coal that is contaminated can cause a variety of birth defects, as well as other health issues. Certain birth defects are linked to industrial solvents like benzene (a metal degreaser) as well as 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 make semiconductors display panels, silicon chip displays, and video displays.
LK's experienced birth defect attorneys have filed numerous lawsuits on behalf of children who suffered from a range of birth defects caused by improper exposure to chemicals and toxic substances at work or in their homes. These lawsuits require complex scientific analyses and expert witnesses such as toxicologists and epidemiologists.