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What Is The Evolution Of Birth Defect Litigation

5 min read

Why You Should Hire a Birth Defect Lawyer

If your child was born with a birth defect this can cause a lot of grief for the entire family. The cost of therapy, medical bills and other losses can add up quickly.

A Hyattsville birth defect lawyer could help you file an action to collect compensation for the cost of taking care of your child with disabilities. Legal claims for birth defects are complicated and therefore it is vital to seek legal advice whenever you can.

Medical Malpractice

Medical professionals must adhere to a set of standards when treating pregnant women or their infants. A doctor can be held accountable for damages when their actions cause birth defects or injuries. A DC lawyer who has experience in birth defect lawsuits will help you determine if your child’s condition was caused by a medical mistake during pregnancy or delivery.

A doctor could also be the cause of an injury to the fetus if they fail to diagnose or properly respond to distress in the fetus. This can lead to various serious problems, including hypoxic-ischemic encephalopathy as well as brain injuries like cerebral palsy.

The distinction between a birth defect and birth defect lawsuits a birth injury is that defects are part of a person’s genetic make-up and injuries are triggered by something that happens during labor, pregnancy, or the birth. Injuries can result from issues like Erb’s syndrome, which occurs when the nerves that power and control an infant’s arms are stretched or ruptured during birth and the caput succedaneum is an increase in the size of the scalp. Both can result in a permanent disability, and ongoing treatment can cost a significant amount of money. A Washington, DC lawyer who specializes in birth defects can offer a free consultation to review your case, and determine the most appropriate course for you and your baby.

Prescription Drugs

A birth defect attorney may be able help parents determine the reason behind a child’s birth defect. Many birth defects result from genes or other factors that occur during pregnancy. However, certain medications can also cause birth defects. Certain common medications have a significant impact on fetuses especially during the first trimester of pregnancy. Anti-nausea medication, NSAIDs and chemotherapy drugs are among the most frequently used. These medications have been linked to an increase in risk of limb defects and heart defects, brain deformities and craniosynostois.

A doctor’s job is to consider these risks when prescribing medication for pregnant women. If doctors do not meet the requirements of this standard of care, they could be liable for medical malpractice. Pharmaceutical companies could be held liable as well for failing to adequately warn mothers of the dangers associated with their medications. Zofran, which is used to treat nausea in cancer patients, has been shown to increase the risk of major defects during the first trimester pregnancy.

A birth defect lawyer can assist families receive compensation for current and future medical expenses resulting from the disability or injury and also loss of income and quality of life. This could include hospital fees medical expenses, doctor’s fees and pharmaceutical costs, and other expenses, in addition to assistive devices, and therapy.

Chemical Exposure

A birth defect lawyer could bring a lawsuit on behalf of families of children with congenital disabilities as a result of the negligence of businesses exposing pregnant women to chemicals and other drugs that cause birth defects. They are trained to identify the cause of birth defects, so that they can file a lawsuit against companies that expose pregnant women to teratogens at workplace or at home.

Metals, fungicides, herbicides, and pesticides are some of the chemicals that can cause birth defects. These chemicals are called teratogens due to the fact that they interfere with the normal development of a the fetus via chemical changes that lead to abnormal organs or block normal cell function. These chemicals are present in a variety locations, such as semiconductor manufacturing and metal cleaning.

Other chemicals that can cause birth defects include the aliphatic hydrocarbons like trichloroethylene perchloroethylene or dichloroethane. These chemicals have been found to cause birth problems, including cardiac disorders, in babies born to mothers who were exposed to them in the womb.

Parents have filed lawsuits in order to hold companies accountable for the families of soldiers in Camp Lejeune, North Carolina, to harmful chemicals. Some of these birth defect lawyers have gotten substantial settlements on behalf of families who had their children born with severe defects as a result of exposure to toxic chemicals at the base.

Environmental Exposure

Some birth defects could be caused by a combination between medical negligence and environmental factors. If a family is concerned that the birth defect of their child could be due to medical negligence, prescription drug overdose or exposure to harmful chemicals, they should consult an DC birth injury lawyer to discuss the situation.

Chemicals and other substances in the environment can cause birth defects of a serious nature if they are ingested or absorbed by pregnant women. These substances are referred to as Teratogens. More than 4 million chemicals can be found in our food, air and water. Some of these chemicals are dangerous to pregnant women.

Arsenic from drinking water or cadmium found in coal that has been contaminated, for example, can cause birth defects as well as other health problems. Certain birth defects are caused by industrial solvents such as benzene (a metal degreaser) and toluene (a solvent for plastics) and trichloroethylene. Glycol-ethers are also known for their ability to increase the chance of birth defects in women. These chemicals are used to make semiconductors display devices, Birth defect lawsuits silicon chip displays and video displays.

LK’s skilled birth defect attorneys have filed a variety of lawsuits on behalf of children who suffered from a wide range of birth defects caused by the wrongful exposure to chemicals and toxic substances at work or in their homes. These lawsuits often involve an extensive scientific analysis as well as expert witnesses, including toxicologists as well as epidemiologists, geneticists occupational medicine experts, and embryologists.


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