10 Basics On Birth Defect Litigation You Didn t Learn In School
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. The cost of therapy, medical bills and other expenses can quickly increase.
A Hyattsville birth defect lawyer could help you file an appeal to receive compensation for the cost of taking care of your disabled child. A legal claim for birth defects could be complicated, so you should consult a lawyer immediately.
Medical Malpractice
Medical professionals must adhere to a certain standard when treating pregnant women or their infants. Doctors can be held accountable for any damages if their actions result in birth defects or injuries. A DC lawyer who has experience in lawsuits involving birth defects can help you determine whether your child's health condition may have been caused by an error made by a doctor during the pregnancy or delivery.
A doctor could also be accountable for birth injuries if they fail in diagnosing or respond adequately to fetal distress. This can lead to a range of serious issues, including hypoxic ischemic disorder (HIE) and cerebral palsy.
Birth injuries differ from birth defects because they are caused by events during pregnancy, delivery, or labor. These injuries can be caused by conditions such as Erb's palsy which develops when the nerves that stimulate and control the arms of a newborn are stretched or damaged during birth and the caput succedaneum is an increase in the size of the scalp. Both of these can result in permanent disability and require ongoing treatment, which can result in hefty medical costs. A Washington, DC birth defect lawyer will provide a no-cost initial consultation to examine your case and determine the most appropriate way to proceed for you and your child.
Prescription Drugs
A birth defect lawyer may be able to assist parents determine the reason for the birth injury or defect. Many birth defects result from genes or other factors that occur during pregnancy. However, certain medications can also cause birth defects. A number of commonly used medications have a significant impact on fetuses, especially in the first trimester of pregnancy. Anti-nausea medicines, NSAIDs and chemotherapy medications are among the most commonly used. These drugs have been shown to increase the risk of developing limb and brain defects, heart defects, and craniosynostois.
It is the responsibility of a doctor to consider the risks when prescribing medication for women who are pregnant. If doctors do not meet this standard of care, they could be held liable for medical negligence. Pharmaceutical companies could be held liable as well for not adequately informing mothers of the dangers associated with their drugs. Zofran, which is used to treat nausea among cancer patients, was found to increase the risk of major defects in the first trimester pregnancies.
An attorney for birth defects can assist families in getting compensation for medical expenses, loss of income and the quality of life. This could include hospital, doctor's pharmaceutical, and other costs, in addition to assistive devices and treatments.
Chemical Exposure
A birth defect lawyer can sue families of children who have congenital disabilities as a result of the negligence of businesses which expose pregnant women and other drugs that cause birth defects. These lawyers are specially trained to determine the reason for the birth defect in order to bring a lawsuit against the companies that expose mothers to teratogens during the time they work or at their home.
Some of the exposures to chemicals that lead to birth defects are the fungicides, metals, herbicides and other pesticides. These chemicals are known as Teratogens since they affect the development of a healthy foetus by causing chemical changes that cause abnormal organs or prevent normal cell function. These chemicals can be found in diverse settings like manufacturing of semiconductors, metal cleaning and paint production.
Other chemicals that can cause birth defects are aliphatic chlorinated hydrocarbons, such as trichloroethylene, perchloroethylene and dichloroethane. These chemicals have been known to cause birth defects, such as cardiac defects, in babies born to mothers exposed to them in the womb.
Parents have filed lawsuits in order to make companies accountable for the families of soldiers who live at Camp Lejeune, North Carolina, to harmful chemicals. Some of these birth defect lawyers have secured significant settlements on behalf of families whose children were born with severe defects because of the toxic chemical exposures at the base.
Environmental Exposure
Some birth defects can be caused by a combination of medical negligence and environmental factors. If a family suspects that a child's birth defects may be due to medical negligence or prescription drug overdose or exposure to harmful chemical, they should consult a DC birth injury attorney to discuss their case.
If pregnant women ingest or absorb contaminants from the environment They could cause serious birth defects. These substances are known as teratogens. More than 4 million chemicals are found in our air, food and water. Some of these chemicals are harmful to pregnant women.
Arsenic from drinking water or cadmium in contaminated coal for instance, could cause birth defects as well as other health problems. Certain birth defects can also be associated with industrial solvents like benzene (a metal degreaser), toluene (a solvent for plastics) and trichloroethylene. Glycol ethers, which are used in the manufacture of silicon chips, semiconductors and video displays are recognized to increase a woman's risk of birth defects as well.
LK's experienced birth defect attorneys have brought numerous lawsuits on behalf of children who suffered from a range of birth defects due to improper exposure to chemicals and toxic substances at workplaces or at home. These lawsuits involve complicated scientific analyses and expert witnesses, such as toxicologists and epidemiologists.