The 10 Scariest Things About Birth Defect Law

Why You Should Hire a Birth Defect Legal Team

The discovery that your child is suffering from a birth defect (try what she says) is one of the most frightening and confusing experiences you'll ever confront. Contacting a birth defect legal team that has experience is essential as soon as you can.

A lawyer can explain the cause of a birth defect as well as how to file a lawsuit to obtain damages for your child.

Causes of Birth Defects

Birth defects are structural problems that affect the way the body looks or works. They can happen anytime during pregnancy, however they tend to occur within the first three months. Some are visible while others can be detected only by a health professional. They can vary in severity from mild to severe.

The majority of birth problems are caused by genetic abnormalities. These occur when the gene is altered (mutated) or is absent. Certain genes are passed down from parents, but other genes are inherited from the environment. The environmental factors include smoking, drinking during pregnancy or taking certain medications. Exposure to harmful chemical substances can also increase the risk of developing a birth defect.

Some birth defects can be treated but the majority cannot. Some of these treatments include 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 fixed by surgery. Other problems, such as Tay-Sachs's disease, are treated with medications.

Women who drink alcohol or smoke during pregnancy are at a higher risk of having a child with birth defect. Women with a family history of a birth defect are at higher risk, too. It is important to discuss with a doctor about your risk of having a baby with a birth defect.

Medical Malpractice

In many instances, a birth defect results from medical negligence during pregnancy or delivery. A New York birth defects lawyer can help parents file an action for malpractice against the medical doctor or other professionals responsible for the child's condition.

For instance, a physician might have prescribed a medication to the mother during pregnancy that increased the likelihood of the child being born with a particular defect. If the child is suffering from a severe mental disability because of the medication, they may receive government assistance to assist with their needs.

A medical professional or a hospital could also have failed to detect an existing birth defect in the mother when fetal screening was performed. If the doctor didn't perform testing or discuss the results with parents or the hospital, they could be responsible for wrongful birth defect law firms claims.

Medical facilities, midwives and health professionals are required to disclose medical records that relate to birth defects. This information can be used for birth defects surveillance actions and to determine patterns, clusters and potential causes. This information should not be made available to the public or any other individuals unless permitted by applicable laws and regulations, which includes HIPAA. These regulations can differ based on the jurisdiction. The information is only used for purposes that are approved by the department of health of the state. Every employee involved in the birth defect surveillance program must also sign confidentiality agreements and undergo instruction on how to handle confidential information.

Prescription Drugs

Amniocentesis, ultrasounds for prenatal birth and blood tests can identify the possibility of birth defects before the child is even born. Women with higher risk pregnancies might be offered more in-depth screening options due to a family history or advanced maternal age.

Many over-the-counter and prescription drugs can cause serious adverse effects when used by pregnant women. Pharmaceutical companies and the doctors who prescribe these medications are under an obligation to warn doctors about the risks, and when they fail to take this step, they may be held accountable for birth injuries.

Hospital, medical and pharmaceutical charges can add quickly as a result of birth defects, particularly severe ones that require lifelong treatment and care. It is crucial to keep track of any and all bills, receipts or credit card transaction documents and other documentation of your damages and your right to claim compensation.

Certain birth defects can be corrected through surgery. Some may be permanent, affecting the affected person throughout their life and causing significant disabilities and limitations. A skilled, compassionate birth defect lawyer can help families receive the justice they deserve. You must make a claim as soon you discover that your child has a birth defect.

Environmental Exposure

Birth problems can be caused by many environmental factors. They can be caused by prescription or over the counter medications as well as chemical exposure at work or at home. Sometimes, these causes are difficult to pinpoint. However, when a large number of babies with the same defect are born during a specific time period and place, it is called a birth defect "cluster".

A medical malpractice attorney should be consulted if there is any suspicion of a cause of a birth defect or injury. A knowledgeable and sympathetic medical malpractice lawyer can assist families receive the settlement they're entitled to, so that their child's birth defect or birth injury does not have lifelong negative effects.

Many states have laws that require the tracking of birth defect law firm defects. This includes the gathering of information from hospital discharge record. The data can be used to find anomalies and trends.

The information could be collected and shared by various programs including: