The 10 Scariest Things About Birth Defect Law

Why You Should Hire a Birth Defect Legal Team

Being aware that your child is suffering from an abnormal birth defect is among the most frightening and confusing situations you'll confront. Contacting a birth defect legal team who has experience is crucial in the earliest time possible.

A lawyer can explain to you the reasons for birth defects and also how to file a suit to seek damages on behalf your child.

Causes of Birth Defects

Birth defects are structural changes to the body that impact how it looks or functions. They can happen at any stage of pregnancy, however the majority occur within the first three months. Some are visible, while others are only discovered by a health care provider. They can be severe or mild, from mild to severe.

Most birth defects result from genetic disorders. These occur when an individual gene is altered (mutated) or absent. Certain genes are passed down from parents, while others come from the environment. Environmental factors can include smoking, drinking alcohol or taking certain medications during pregnancy. Exposure to harmful chemicals can increase the risk of developing a birth defect.

There is no cure to the majority of birth defects, however there are treatments available to help with some problems. Some of the treatments are surgery, medicines, and home care that is specifically tailored to the patient. Some birth defects, like cleft lip and palate and spina bifida, can be repaired by surgery. Other problems, such as Tay-Sachs's disease, are treated with medications.

Women who smoke or drink alcohol during pregnancy are at a higher risk of having a child with a birth defect. Women with a history of birth defects in their family are also at greater risk. It is important to talk with a doctor about the chance of having a baby with birth defect.

Medical Malpractice

In many cases birth defects are caused by medical mistakes during pregnancy and delivery. A New York birth defect lawyer can assist parents to file a malpractice suit against the doctor who caused the child's condition.

A doctor might have negligently prescribed medication to the mother that increased the chances of the child developing a particular defect. If the child has an extreme mental impairment due to that medication, the child could receive government disability benefits to help with their requirements.

The medical professional or hospital also could have failed to detect a known birth defect in the mother during fetal screening. If the doctor was unable to carry out the tests or discuss the results with parents, he may be held accountable for wrongful claims.

Health professionals, medical facilities and midwives are required to report and disclose medical records related to birth defects. The information is utilized for surveillance of birth defects activities and to identify trends, clusters, and possible causes. The information will not be divulged to any other individual or to the general public unless it is allowed by the applicable laws, regulations and HIPAA. These regulations can vary depending on the area of. The information is used only for purposes that are approved by the department of health of the state. In addition the employees who are involved in the monitoring of birth defects must sign confidentiality agreements and be trained on the appropriate handling of confidential information.

Prescription Drugs

The possibility of birth defects can be assessed before the birth of a child through prenatal ultrasounds and amniocentesis or blood tests (obtaining an amniocentesis sample of the amniotic fluid of the fetus). Women with higher risk pregnancies might be offered more in-depth screening options due to a family history or advanced maternal age.

Certain prescription or over-the-counter medications can trigger serious adverse effects for pregnant women. The pharmaceutical companies and the doctors who prescribe these medications are obliged to inform doctors about the dangers. If they fail to do so they could be held responsible for birth injuries.

Medical, hospital and pharmaceutical expenses can pile quickly because of a birth defect, especially severe ones that require lifelong treatment and care. It is crucial to keep all receipts as well as bills, credit card records, and other documents that show your injuries and rights to compensation.

Most birth defects are diagnosed before the infant is born or shortly thereafter, and some can be treated with surgery. Others may remain forever, affecting the person for the rest of his or her life, causing disabilities and limitations. A birth defect lawyer who is experienced and compassionate can help families receive the settlement they deserve. You must start a claim as soon when you suspect your child has a birth defect.

Environmental Exposure

There are a myriad of environmental causes of birth defects. These range from prescription or over-the counter medications to chemical exposure in the workplace or at home. Sometimes, the causes are difficult to identify. When too many babies are born with the same problem in a specific time period or area, it is known as a "cluster".

If there is any suspicion that the birth injury or defect was caused by medical negligence, a medical malpractice lawyer should be consulted. A medical malpractice lawyer who is skilled and compassionate can help families receive the compensation they deserve so that their child’s birth defect or injury doesn't result in permanent negative consequences.

Many states have laws that require the recording of birth defects. This includes the collection of information from the hospital discharge records. The data can be used to find patterns and anomalies.

This data can also be collected through other programs, for instance: