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What Is The Evolution Of Birth Defect Litigation

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Why You Should Hire a Birth Defect Lawyer

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

A Hyattsville lawyer who specializes in birth defects may be able to help you claim compensation for the costs of caring for your children with disabilities. Legal claims for birth defects are a bit nebulous and therefore it is vital to seek legal advice whenever you can.

Medical Malpractice

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

A doctor may also be held responsible for birth injuries if they fail recognize fetal distress and fail to respond appropriately. This can cause a number serious problems including hypoxic-ischemic brain injury and hypoxic encephalopathy like cerebral palsy.

The difference between a birth defect and a birth injury is that defects are a part of a person's genetic make-up however, injuries are caused due to something happening during labor, pregnancy or delivery. Injuries can include issues like Erb's syndrome which is caused when the nerves that energize and control the arms of an infant are stretched or torn during birth, and caput succedaneum, a swelling of the scalp. Both of these conditions can cause 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 review your situation and determine the best method of action for you and your child.

Prescription Drugs

A birth defect lawyer may be able help parents determine the cause for a child's birth defect. While many birth defects are caused by genetics and other factors that occur during a mother's pregnancy however, they can also be caused because of medications. A number of commonly used medications have a profound effect on fetuses especially during the first trimester of a pregnancy. Anti-nausea medication, NSAIDs and chemotherapy medications are among the most commonly used. These medications have been proven to increase the risk of limb and brain deformities, heart defects and craniosynostosis.

The duty of a doctor is to be aware of these risks when prescribing medication for women who are pregnant. When doctors fail to meet this standard of care, they could be held accountable for medical negligence. Pharma companies could also be held accountable for not properly informing mothers about the risks associated with their medication. For instance, Zofran, a medication used to treat nausea in cancer patients, has been proven to significantly increase the risk of major congenital defects in first trimester pregnancies.

An attorney for birth defects can assist families in getting compensation for medical expenses, income loss and the quality of life. This can include doctor's, hospital prescription, pharmaceutical, and other expenses, as well as assistive devices and therapies.

Chemical Exposure

A birth defect lawyer can file a lawsuit on behalf of families of children with congenital disabilities because from the negligence of companies who expose pregnant women to chemicals and drugs that can cause birth deformities. These lawyers are specially-trained to identify the cause of the birth defects so that they can bring a case against companies that expose pregnant women to teratogens either at work or in their home.

Metals, fungicides, herbicides and pesticides are just a few of the chemicals that can cause birth defects. These chemicals are known as Teratogens because they affect the healthy development a fetus through chemical changes that lead to abnormal organs or hinder normal cell function. These chemicals can be found in many different settings, including the manufacturing of semiconductors, metal cleaning and paint production.

Other hazardous chemicals that could cause birth defects include aliphatic cyaninated hydrocarbons such as trichloroethylene, perchloroethylene and dichloroethane. These chemicals are known to cause cardiac birth defects in babies born to mothers exposed during their time in the womb.

Parents have filed lawsuits against various firms that were responsible for the exposure of families of soldiers at Camp Lejeune to these harmful chemicals. Some of these birth defects lawyers have secured significant settlements for families who have children who were born with serious defects as a result of the toxic chemical exposures at the base.

Environmental Exposure

Some birth defects are caused by an unintended medical error and environmental conditions or chemicals. If a family is concerned that the birth defect in their child could be due to medical negligence, prescription drug abuse or exposure to toxic chemicals, they should consult an DC birth injury lawyer to discuss the issue.

Chemicals and other pollutants in the environment can cause birth defects of a serious nature when they are inhaled or absorbed by pregnant women. Teratogens are the name for these substances. More than 4 million chemicals can be found in our food, air and water. Certain of these chemicals are harmful to pregnant women.

For example, arsenic in drinking water and cadmium in contaminated coal can cause various birth defects and health issues. Certain birth defects are caused by industrial solvents such as benzene (a metal degreaser) and toluene (a solvent for plastics) and trichloroethylene. Glycol ethers, which are employed in the manufacturing of silicon chips, semiconductors and video displays are recognized to increase a woman's chances of having birth defects too.

The experienced attorneys at LK's firm for birth defects have filed numerous lawsuits in the name of children who suffered from a variety of birth defects due to the wrongful exposure to chemicals or toxic substances at their workplace or home. These lawsuits are based on complex scientific analyses and expert witnesses like toxicologists and epidemiologists.

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