Birth Defect Litigation: A Simple Definition

Why You Should Hire a Birth Defect Lawyer

If your child was born with a birth defect, it can be devastating for the entire family. Medical bills, therapy costs and other expenses can quickly add up.

A Hyattsville lawyer who specializes in birth defects may be able to help you seek reimbursement for the expenses of taking care of your disabled children. A legal claim for birth defects may be complicated, so you should consult with a legal professional whenever you can.

Medical Malpractice

Medical professionals must follow a set of guidelines when treating pregnant women and their babies. When a doctor's actions are not in line with this standard and result in birth defects or injuries, they can be held liable for the harms suffered by their patient. A DC lawyer with experience in birth defect lawsuits can help you determine whether your child's illness could be the result of an error made by a doctor during pregnancy or delivery.

A doctor can also be held accountable for birth injuries if they fail recognize fetal distress and do not respond appropriately. This can lead to a range of serious issues, such as hypoxic ischemic disorder (HIE) and brain injuries such as cerebral palsy.

The difference between a birth defect and a birth injury is that defects are part of a person's genetic make-up however, injuries are caused by something that happens during labor, pregnancy, or during delivery. Injuries can include ailments like Erb's palsy which develops when the nerves that energize and control the arms of an infant are stretched or torn during the birth defect lawsuits process, and caput succedaneum, an increase in the size of the scalp. Both of these conditions can lead to lifelong disability and require ongoing treatment, which can result in hefty medical costs. A Washington, DC lawyer who is specialized in birth defects will provide a free consultation to examine your case and determine the best course of action for you and your baby.

Prescription Drugs

A birth defect lawyer may be able to help parents identify the cause of a child's 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 a significant impact on fetuses, especially in the first trimester of a pregnancy. These include anti-nausea medications and NSAIDs as well as chemotherapy medications including certain antibiotics, and many more. These drugs have been found to increase the risk of limb and brain deformities, heart defects, and craniosynostosis.

A doctor's responsibility is to take into consideration these risks when prescribing medication for pregnant women. If doctors do not meet the requirements of this standard of care, they may be liable for medical negligence. Pharma companies could also be held accountable for not adequately informing mothers about the dangers associated with their medications. Zofran is a drug used to treat nausea among cancer patients, was found to increase the risk of major defects occurring in first-trimester pregnancy.

A birth defect lawyer can assist family members receive compensation for the future and present medical expenses resulting from the injury or disability, in addition to loss of earnings and the quality of life. This can include hospital, doctor's pharmaceutical, and other expenses, as well as assistive devices and treatments.

Chemical Exposure

A birth defect lawyer may bring a lawsuit on behalf of families of children who suffer from congenital disabilities resulting from the negligence of businesses which expose pregnant women to chemicals or drugs that cause birth defects. These lawyers are specially trained to identify the root of the birth defect in order to sue companies that expose mothers to teratogens as they work or in their home.

Some of the exposures to chemicals that lead to birth defects include metals, fungicides, herbicides and other pesticides. These chemicals are called teratogens, because they can affect the healthy development a embryo through chemical changes that can cause abnormal organs or block normal cell function. These chemicals can be found in a variety of settings including manufacturing of semiconductors, cleaning of metals and paint production.

Other dangerous chemicals that may cause birth defects are aliphatic hydrocarbons with aliphatic chlorinated chemistry such as trichloroethylene, perchloroethylene and dichloroethane. These chemicals have been proven to cause cardiac birth defects in babies born to mothers exposed during their time in the womb.

Parents have filed suit against a number of companies who were responsible for exposing the families of soldiers at Camp Lejeune to these harmful chemicals. Some of these birth defect 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

Some birth defects can be caused by a combination between medical negligence and environmental factors. If a family suspects a child's birth defects may be due to medical negligence or prescription drug overdose or exposure to harmful chemical such as benzene, they should seek out an DC birth injury lawyer to discuss their case.

Chemicals and other substances in the environment can cause serious birth defects when they are consumed or taken in by pregnant women. Teratogens is the name given to these chemicals. More than 4 million chemicals can be found in our food, air and water. Some of these chemicals may be harmful to pregnant women.

For instance, arsenic from drinking water and cadmium from contaminated coal can cause various birth defects and other health problems. Industrial solvents, such as trichloroethylene, benzene, and toluene (a metal degreaser) are also associated with certain birth defects. Glycol-ethers are also known for their ability to increase the chance of birth defects in women. These chemicals are used in the production of semiconductors as well as silicon chip displays and video displays.

LK's skilled birth defect attorneys have filed a variety of lawsuits on behalf of children suffering from a wide range of birth defects due to improper exposure to chemicals and toxic substances at work or in their homes. These lawsuits typically require an extensive scientific analysis as well as experts, such as toxicologists as well as epidemiologists, geneticists embryologists and occupational medicine experts.