You've Forgotten Birth Defect Litigation: 10 Reasons Why You Don't Have It
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Chase Demaria
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If your child is born with a birth deformity, it can cause a lot of grief for the entire family. Medical bills, therapy costs and other losses can quickly add up.
A Hyattsville lawyer who specializes in birth defects can help to file a claim for compensation for the costs of caring for your children with disabilities. A legal claim for birth defects can be complex, so you should consult a lawyer as soon as possible.
Medical Malpractice
Medical professionals must adhere to a standard of care when treating pregnant women or their infants. When a doctor's actions do not meet the standards and result in birth defects or injuries or injury, they could be held accountable for injuries suffered by their patient. A DC lawyer who is experienced in lawsuits involving birth defects will help you determine if your child's condition could have been caused by an error made by a doctor during pregnancy or the birth.
A doctor may be liable for birth injuries if they fail to recognize or appropriately respond to distress of the fetus. This can cause a number of serious issues, such as hypoxic ischemic disorder (HIE) and brain injuries like cerebral palsy.
The distinction between birth defects and birth injury is that defects are part of a person's genetic makeup however, injuries are caused by an event that occurs during labor, pregnancy or birth. The causes of injuries include conditions such as Erb's palsy, which occurs when the nerves that energize and control an infant's arms are stretched or damaged during birth as well as caput succedaneum which is an increase in the size of the scalp. Both of these can cause permanent disability and require ongoing treatment, which can result in large medical bills. A Washington, DC lawyer who specializes in birth defects can offer a free consultation in order to analyze your case and determine the most appropriate course for you and your baby.
Prescription Drugs
An attorney for birth defects may be able to help parents determine the cause for an infant's birth injury. While many birth defects are the result of the genetics of the mother's pregnancy but they can also happen as a result of medications. Many common medications have a significant effect on fetuses and babies, particularly during the first trimester of a pregnancy. This includes anti-nausea medication, NSAIDs, chemotherapy drugs, certain antibiotics, and many more. These medications have been linked with an increased risk of limb defects and brain defects, heart defects and craniosynostosis.
A doctor's job is to take into account these risks when prescribing medication for women who are pregnant. If doctors do not meet the requirements of this standard of care, they may be liable for medical negligence. Pharmaceutical companies can be held accountable for not properly warning mothers of the risks associated with their drugs. Zofran is a drug used to treat nausea among cancer patients, was found to increase the risk of major defects in first-trimester pregnancy.
An attorney for birth defects can assist families in getting compensation for medical expenses, loss of income and the quality of life. This can include doctor's, hospital pharmaceutical, and other costs, in addition to assistive devices and treatments.
Chemical Exposure
A birth defect lawyer can bring an action on behalf of families of children who suffer from congenital disabilities that result from the negligence of businesses who expose pregnant women chemicals or drugs that cause birth defects. They are trained to determine the root of the birth defects so that they can bring a case against companies who expose pregnant women to teratogens either at work or at home.
Some of the chemical exposures that lead to birth defects are metals, fungicides, herbicides and other pesticides. They are referred to as teratogens due to their impact on the growth of the fetus creating chemical changes that hinder normal cell function, or can cause organs that are malformed. These chemicals can be present in a variety situations, such as metal cleaning and semiconductor manufacturing.
Other harmful chemicals that could cause birth defects are aliphatic chlorinated hydrocarbons 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 lawsuits against several companies who were responsible for exposing the families of soldiers at Camp Lejeune to these harmful chemicals. Some of the birth defect lawyers have won significant settlements for families who had their children born with severe birth defects because of the toxic chemical exposures at the base.
Environmental Exposure
Some birth defects can be caused by the combination of medical negligence and environmental conditions or chemical. If a family suspects a child's birth defects may be the result of medical negligence or prescription drug overdose or exposure to harmful chemical or chemical substances, they should speak with an DC birth injury lawyer to discuss their case.
Chemicals and other pollutants in the environment can cause serious birth defects when they are inhaled or absorbed by pregnant women. These substances are known as teratogens. Over 4 million chemicals are found in our food, air and water and some are harmful if they come into contact with pregnant women.
For instance, arsenic found in drinking water, and cadmium from coal that is contaminated may cause a variety of birth defects, as well as other health problems. Industrial solvents such as benzene, toluene and trichloroethylene (a metal degreaser) are also associated with certain birth defects. Glycol-ethers also increase the risk of birth defects in women. These chemicals are used to make semiconductors as well as silicon chip displays and video displays.
The experienced birth defect attorneys at LK have brought numerous lawsuits on behalf of children who suffered from a variety of birth defect lawsuit defects as a result of the wrongful exposure to chemicals and toxic substances at work or in their homes. These lawsuits typically require an extensive scientific analysis as well as expert witnesses, including toxicologists as well as epidemiologists, geneticists embryologists and occupational medicine experts.
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