Birth Defect Litigation: A Simple Definition

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Birth Defect Litigation: A Simple Definition

24.07.30
Why You Should Hire a Birth Defect Lawyer

If your child was born with a birth defect it can be devastating for your family and you. Medical bills, therapy costs and other expenses can quickly become a burden.

A Hyattsville birth defect lawyer can help you file a claim to recover compensation for the expenses of taking care of your disabled child. A legal claim for birth defects could be complicated, which is why you should seek legal counsel as soon as possible.

Medical Malpractice

Medical professionals must adhere to a standard of care when treating pregnant women and their babies. Doctors can be held accountable for damages when their actions cause birth defects or injuries. A DC lawyer who has experience in birth defect lawsuits can assist you in determining if your child's condition was caused by a medical error during pregnancy or the birth.

A doctor could also be held responsible for birth injuries if they fail detect fetal distress or don't respond appropriately. This can cause many serious problems like hypoxic-ischemic brain injury and hypoxic encephalopathy like cerebral palsy.

Birth injuries differ from birth defects in the sense that they are caused by circumstances during pregnancy, delivery or labor. Injury can include Erb's Palsy which occurs when the nerves that control the baby's arms and limbs are stretched or torn. Another injury is the caput succedaneum, a swelling on the scalp. Both of these conditions can lead to lifelong disability and require ongoing treatment, resulting in large medical bills. A Washington, DC birth defect lawyer will provide a no-cost initial consultation to examine your situation and determine the best way to proceed for you and your child.

Prescription Drugs

A birth defect attorney may help parents determine the root of an infant's birth injury. Many birth defect lawsuit defects result from genes or other factors that occur during pregnancy. However, medications can also cause birth defects. A number of commonly used medications have a profound 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 with an increased risk of deformities in the limbs and heart defects, brain defects and craniosynostois.

It is a doctor's professional duty to take into consideration the risks when prescribing medication for women who are pregnant. When doctors fail to meet the standards of care required, they could be held liable for medical negligence. Pharma companies could also be held responsible for not adequately informing mothers of the risks associated with their medication. For example, Zofran, a medication used to treat nausea in cancer patients, has been proven to significantly increase the risk of major congenital defects in the first trimester of pregnancies.

A birth defect lawyer can help family members receive compensation for the future and present medical expenses associated with the disability or injury as well as loss of earnings and the quality of life. This could include hospital fees, doctor's fees, pharmaceutical costs and other costs, as well assistive devices and therapy.

Chemical Exposure

A birth defect lawyer can bring an action on behalf families of children with congenital disabilities resulting from the negligence of companies which expose pregnant women to chemicals or drugs that cause birth defects. These lawyers are specially trained to determine the cause of the birth defect to file a lawsuit against companies who expose mothers to teratogens as they are working or in their homes.

Some of the exposures to chemicals that lead to birth defects include metals, fungicides, herbicides and other pesticides. They are referred to as teratogens because they affect the development of the fetus causing chemical changes that prevent normal cell function, or can cause organs that are malformed. These chemicals are found in many different situations, such as processing of semiconductors and metal cleaning.

Other chemicals that can cause birth defects include aliphatic hydrocarbons, such as dichloroethane and trichloroethylene perchloroethylene. These chemicals have been known 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 make companies accountable for the families of soldiers in Camp Lejeune, North Carolina, to harmful chemicals. Some of the birth defect lawyers have obtained substantial settlements on behalf of families who had their children born with severe defects because of exposure to toxic chemicals at the base.

Environmental Exposure

Some birth defects can be caused by a combination of medical negligence and environmental conditions. If a family suspects that the birth defects of a baby could be the result of medical negligence, prescription drug overdose, or exposure to harmful chemicals or chemical substances, they should speak with a DC birth injury lawyer to discuss their case.

If pregnant women consume or absorb contaminants from the surrounding environment and then develop birth defects. Teratogens are the name for these substances. More than 4 million chemicals are found in our air, food and water. Some of these chemicals can be harmful to pregnant women.

Arsenic found in drinking water or cadmium found in coal that has been contaminated for instance, can cause birth defects and other health issues. Certain birth defects can also be associated with 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 for the manufacture of semiconductors display panels, silicon chip displays, and video displays.

LK's highly experienced birth defect lawyers have brought numerous lawsuits on behalf of children who have suffered from a myriad 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.

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