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If your child was born with a birth defect it could have a devastating impact on you and your family. The cost of therapy, medical bills and other losses can quickly mount up.
A Hyattsville lawyer who specializes in birth defects could assist you claim compensation for the costs of taking care of your disabled children. A legal claim for birth defects can be complicated, and you should consult a lawyer whenever you can.
Medical Malpractice
Medical professionals must adhere to the highest standards of care when treating pregnant women and their babies. If the actions of a doctor are in violation of this standard and cause an injury or birth defect and/or death, they may be held liable for the damages sustained by their patient. A DC lawyer who has experience in birth defect lawsuits can assist you in determining if your child's condition was caused by a medical mistake during pregnancy or the birth.
A doctor could be liable for an injury to the fetus if they fail to recognize or respond adequately to distress in the fetus. This can result in a variety of serious issues, including hypoxic-ischemic encephalopathy (HIE) and brain injuries such as cerebral palsy.
The difference between birth defects and birth injury is that defects are part of a person's genetic make-up, while injuries are caused by something occurring during pregnancy, labor, or during delivery. Injuries can include conditions such as Erb's palsy that occurs when the nerves that stimulate and control the infant's arms are stretched or ruptured during birth, and caput succedaneum, a swelling of the scalp. Both of these can lead to lifelong disability and require ongoing treatment, resulting in large medical bills. A Washington, DC birth defect lawyer will provide a no-cost initial consultation to review your case and determine the best option for you and your child.
Prescription Drugs
A birth defect lawyer may help parents determine the root of the birth injury of a child. While many birth defects are caused by genetics and the factors that influence the pregnancy of a mother but they can also happen as a result of medication. Many common medications can have negative effects on the fetuses. This is especially true in the first three months of pregnancy. Anti-nausea medications, NSAIDs and chemotherapy medications are among the most commonly used. These medications have been linked to a higher risk of limb defects and heart defects, brain defects and craniosynostosis.
A doctor's responsibility is to be aware of the risks when prescribing medications for women who are pregnant. If doctors fail to follow this standard of care, then they could be held accountable for negligence. Pharmaceutical companies could be held liable as well for not adequately warning mothers about the risks associated with their medications. For example, Zofran, a medication used to treat nausea in cancer patients, has been shown to significantly increase the risk of major congenital defects in the first trimester of a pregnancy.
An attorney who specializes in birth defects can assist families in getting compensation for medical expenses, loss of income and quality of living. This can include hospital, doctor's 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 the families of children suffering 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 determine the cause of birth defects so they can bring a suit against companies that expose pregnant women to teratogens at work or in their home.
Some of the chemical exposures that can lead to birth defects are herbicides, fungicides, metals and other pesticides. These chemicals are known as Teratogens since they influence the healthy development of a embryo through chemical changes that lead to abnormal organs, or disrupt normal cell function. These chemicals are present in many different settings, including semiconductor manufacturing, metal cleaning and birth Defect attorneys paint production.
Other chemicals that can cause birth defects are hydrocarbons with aliphatic properties, like dichloroethane or trichloroethylene perchloroethylene. These chemicals have been found to cause birth problems, including cardiac defects, in babies born to mothers who were exposed to them in the womb.
Parents have filed lawsuits to hold companies accountable for exposing families of soldiers at Camp Lejeune, North Carolina, to harmful chemicals. Some of the 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 defect attorney defects can be caused by a combination between medical negligence and environmental conditions. If a family is concerned that the birth defect in their child could result from medical malpractice, prescription drug overdose or exposure to toxic chemicals, they should talk to a DC birth injury lawyer to discuss the situation.
Chemicals and other pollutants in the environment can cause birth defects of a serious nature when they are inhaled or taken in by pregnant women. These chemicals are referred to as teratogens. Over 4 million chemicals are present in our air, food and water and a few can be harmful if they come into contact with pregnant women.
For instance, arsenic from drinking water and cadmium in coal that is contaminated may cause a variety of birth defects and other health problems. Industrial solvents, such as trichloroethylene, toluene, and benzene (a metal degreaser) are also linked to certain birth defects. Glycol-ethers can increase the risk of birth defects in women. These chemicals are used to manufacture semiconductors, silicon chip displays and video displays.
LK's experienced birth defect attorneys have brought many lawsuits on behalf of children who have suffered from a myriad of birth defects caused by improper exposure to chemicals and toxic substances at work or in their homes. These lawsuits require complex scientific analyses and expert witnesses, such as toxicologists and epidemiologists.
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