5 Laws Anybody Working In Birth Defect Law Should Know

Why You Should Hire a Birth Defect Legal Team

It can be a frightening and confusing experience to discover that your child is born with a birth deformity. It's crucial to reach out to an experienced legal team as soon as you can.

A lawyer can help you understand the causes of a birth defect as well as how to file a lawsuit to get compensation for your child.

Causes of Birth Defects

Birth defects are structural problems that affect the way the body looks or performs. They can occur at any point during pregnancy, but the majority occur within the first three months. Some are visible, whereas others can only be detected by a doctor. They can range in severity from mild to severe.

Most birth defects are caused by genetic abnormalities. These are caused by genes are altered (mutated) or missing. Most genes are passed from parents to children however, some are inherited from the environment. Environmental factors include smoking cigarettes, drinking during pregnancy, or taking certain medications. Exposure to harmful chemicals can also increase the risk of having a birth defect.

There is no cure for most birth defects, however there are treatments that can aid in the treatment of certain issues. Some of these treatments include surgery medication, and specialized home care. Some birth defects, like Cleft lip and the palate and spina bifida can be fixed with surgery. Medicines can be used to treat other problems, like Tay-Sachs and patent duodenal artery.

Women who smoke, drink alcohol or both during pregnancy are at an increased risk of having children born with birth defects. Women who have a history birth defects in their families are also at risk. It is important to discuss with your doctor the possibility of having a child with a birth defect.

Medical Malpractice

In many cases birth defects can be caused by medical mistakes during pregnancy and delivery. A New York birth defects lawyer can assist parents in filing a malpractice lawsuit against the doctor or other medical professionals who caused the child's condition.

A doctor could have mistakenly prescribed medication to the mother that increased the chances of the baby being born with a certain defect. If the child has a serious mental disorder because of that medication, the child can receive disability benefits from the government to help meet their requirements.

The medical professional or hospital may not have detected a birth defect that was known to the mother during the fetal screening. If the doctor failed to do the testing or discuss the results with parents, they could be liable for wrongful birth claims.

Medical facilities, health professionals and midwives are required to divulge and release medical records related to birth defects. This information can be used to detect patterns and clusters and possible causes. This information is not to be divulged to any other individual or the public unless it is authorized by applicable laws, regulations, and HIPAA. These regulations may vary by the state of. The information is only used for authorized purposes by the department of the state. Additionally the employees involved in the surveillance of birth defects must sign confidentiality agreements and receive training on how to handle confidential information.

Prescription Drugs

Amniocentesis as well as prenatal ultrasounds and blood tests can identify the possibility of certain birth defects before the baby is born. These more specific screening options may be offered to women who are at greater risk of having a pregnancies due to the history of the mother or her mother's age.

Certain prescription or over-the-counter medications can cause serious side effects for pregnant women. The pharmaceutical companies and those who prescribe these medications have the obligation to inform doctors about the risks, and when they fail to do so, they can be held accountable for the resulting birth injuries.

Hospital, medical and pharmaceutical costs can add quickly because of a birth defect, especially those that are severe and require ongoing treatment and care. It is crucial to keep track of any and all receipts, bills as well as credit card payment documents and other documentation of your damages and right to compensation.

The majority of birth defects are discovered before the baby is born or shortly after, and some can be corrected through surgery. Some birth defects are irreparable and may affect the affected person for the rest their lives, causing significant disabilities and limitations. A knowledgeable, empathetic birth defect lawyer can assist families receive the justice they deserve. If you suspect that your child was born with an anomaly in the birth, it's important to submit a claim before the statute of limitations expires.

Environmental Exposure

There are a variety of environmental causes of birth defects. These range from prescription or over the counter drugs to exposure to chemicals in the workplace or in the home. Sometimes these causes are hard to identify. When a lot of babies with the same defect are born within an exact time frame and place, it is known as a Birth defect law firms defect "cluster".

If there is any suspicion that an injury to a child's birth or defect was caused by medical malpractice, a medical malpractice lawyer should be consulted. A medical malpractice attorney who is experienced and compassionate will assist families to receive the compensation they deserve so that their child’s birth defect or injury won't cause permanent negative effects.

Many states have laws that require tracking of birth defects. This includes the recording of information from hospital discharge records. It can then be used to find trends, anomalies and possible clusters.

This information can be gathered and shared through various programs including: