The 10 Scariest Things About Birth Defect Law

Why You Should Hire a Birth Defect Legal Team

The discovery that your child has an abnormal birth defect is among the most frightening and confusing experiences you can face. Contacting a birth defect legal team with experience is important in the earliest time possible.

A lawyer can inform you the causes of birth defects and how to file a suit in order to claim damages on behalf of your child.

Causes of Birth Defects

Birth defects are structural changes that affect the way the body appears or functions. They can occur at any time during pregnancy, but they typically occur in the first 3 month. Some are obvious, while others can only be identified by a healthcare professional. They vary in severity from mild to severe.

Genetic disorders are the cause of the majority of birth problems. They occur when a gene changes (mutates) or is not present completely. Some genes are inherited from parents, but other genes originate from the environment. Environmental factors include smoking, drinking during pregnancy or taking certain medications. Exposure to harmful chemicals can increase the risk of a birth defect.

There is no cure for the majority of birth defects, however there are treatments that can assist with certain problems. They can include surgery medicines, and special home care. Some birth defects, such as the cleft lip and palate as well as spina bifida can be treated by surgery. The use of medicine can treat other ailments, such as Tay-Sachs or patent ductus artery.

Women who smoke or drink alcohol during pregnancy are at a greater likelihood of having a child with a birth defect. Women with a family history of birth defect are at greater risk as well. It is essential to discuss with your physician the possibility of having a child who has a birth defect.

Medical Malpractice

In many instances birth defects arise from medical negligence during pregnancy or delivery. A New York birth defects lawyer can assist parents in filing an action for malpractice against the doctor or other medical experts who caused the child's condition.

A doctor may have negligently prescribed medication during pregnancy to the mother that increased the risk of the baby having a certain defect. If the child has a severe mental impairment due to the medication, they can receive government-funded benefits to help with their needs.

A medical professional or hospital could be unable to recognize an birth defect that was present in the mother's uterus when the fetal screening process was completed. If the doctor failed to do the testing or discuss the results with the parents and the parents, they could be held accountable for claims based on wrongful birth.

Midwives, medical facilities, and health professionals are required to disclose and provide medical records related to birth defects. This information may also be used to determine patterns and clusters, and possible causes. This information should not be made available to the general public or other people unless authorized by applicable laws and regulations, including HIPAA. These regulations could differ based on the state of. The information is only used for purposes that are approved by the department of health in the state. All employees who are part of the birth defect surveillance program must sign a confidentiality contract and undergo training on how to handle confidential information.

Prescription Drugs

The risk of certain birth defects can be identified before a child is born through prenatal ultrasounds, blood tests and amniocentesis (obtaining a sample of fetal amniotic fluid). Women with higher-risk pregnancies may be given these more thorough screening options due to an extended family history or maternal age.

A variety of over-the-counter as well as prescription medications can have serious side effects when taken by pregnant women. Pharmaceutical companies and those who prescribe these medications have an obligation to inform doctors about the risks. If they fail to take this step they could be held responsible for birth injuries.

Medical, hospital and pharmaceutical bills can add quickly as a result of a birth defect, and especially severe ones that require lifelong treatment and care. It is crucial to keep all receipts and bills as well as credit card statements, and other evidence that proves your damages and right to compensation.

Some birth defects can be corrected via surgery. Some may be permanently affecting the individual throughout their life and causing significant disabilities and limitations. A knowledgeable, sympathetic birth defect lawyer can assist families receive the compensation they deserve. If you suspect your child was born with an anomaly in the birth, it's important to start a claim prior to the statute of limitations expires.

Environmental Exposure

There are numerous environmental causes of birth defects. They can be caused by prescription or over-the-counter drugs to exposure to chemicals in the workplace or in the home. These causes can be difficult to determine. When a large number of infants are born with the same problem in the same time frame or place, it is referred to as a "cluster".

If there is any reason to believe that the birth injury or defect was caused by medical negligence A medical malpractice lawyer should be consulted. A knowledgeable and empathetic medical malpractice lawyer can help families get the amount of compensation they are entitled to so that the birth defect or birth injury will not be a permanent negative impact.

Many states have laws requiring the monitoring of birth defects. This includes the capture of data from hospital discharge records. It can then be used to detect patterns, trends, and possible clusters.

This information may also be gathered using other programs, like: