10 Amazing Graphics About Birth Defect Law

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 defect lawsuit defect. Contacting a legal team for birth defects who has experience is crucial as soon as you can.

A lawyer can explain to you the causes of birth defects and how to file a lawsuit to seek damages on behalf your child.

Causes of Birth Defects

Birth defects are structural problems that alter the way the body appears or functions. They can happen at any time during pregnancy, but they typically occur during the first three months. Some are visible while others can be detected only by a healthcare provider. They can range in severity, from mild to severe.

Most birth defects result from genetic disorders. They happen when a particular gene changes (mutates) or disappears altogether. The majority of genes are passed on from parents to children but some originate from the environment. Environment-related factors include drinking alcohol, smoking cigarettes or taking certain medications during pregnancy. Exposure to harmful chemical substances can also increase the risk for a birth defect.

There is no cure to the majority of birth defects, however there are treatments that can help with some problems. These include surgery, medications and home care. Certain birth defects, like Cleft lip and the palate and spina Bifida, can be fixed through surgery. The use of medicine can treat other conditions, such as Tay-Sachs and patent duodenal artery.

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

Medical Malpractice

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

A doctor may have negligently prescribed medication to the mother, which increased the chance of the child developing a specific defect. If the child is suffering from an extreme mental impairment because of the medication, they are eligible to receive government assistance to assist them with their needs.

A medical professional or a hospital could not have been able to spot an existing birth defect in the mother's uterus when screening for fetal defects was carried out. If the doctor was unable to do the test or discuss the results with parents, they could be held liable for untrue claims.

Health professionals, medical facilities and midwives are required report and disclose medical records related to birth defects. This information can be used for birth defects surveillance actions and to determine patterns, clusters and potential causes. This information cannot be divulged to the general public or other individuals unless permitted by applicable laws and regulations, like HIPAA. These regulations may vary by the jurisdiction. The information is only used for approved purposes by the department of the state. Additionally all employees involved in birth defects surveillance must sign confidentiality agreements and be trained on the appropriate handling of confidential information.

Prescription Drugs

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

A variety of prescription and over-the counter medications can trigger serious adverse effects for pregnant women. The pharmaceutical companies and those who prescribe these medicines have obligations to inform physicians of the risks, and when they fail to do so, they can be held liable for resulting birth injuries.

Medical, hospital and pharmaceutical bills can add quickly because of birth defects, particularly severe ones that require continuous treatment and care. It is essential to keep any and all bills, receipts as well as credit card payment records and other documentation of your damages and your right to claim compensation.

Most birth defects are diagnosed when the baby is born or shortly thereafter, and some are able to be corrected with surgery. Some birth defects are permanent and can affect the person for the rest their lives leading to significant limitations and disabilities. A knowledgeable, sympathetic birth defect lawyer can assist families get the amount of compensation they deserve. You should begin a claim as quickly when you suspect your child has an anomaly in their birth.

Environmental Exposure

There are numerous environmental causes of birth defects. These include prescription or over-the counter drugs as well as exposure to chemicals at work or at home. The causes may be difficult to pinpoint. If a large number of children with the same defect are born within a specific time period and place, it is known as a birth defects "cluster".

If there is any doubt that a birth injury or birth defect was the result of medical malpractice and a medical malpractice lawyer should be consulted. A medical malpractice attorney who is experienced and compassionate can assist families in obtaining the amount they are due so that their child’s birth defect or injury won't have lifelong negative consequences.

Many states have laws requiring the monitoring of birth defects. This includes the recording of data from hospital discharge records. The information can be used to identify patterns and anomalies.

The information could be collected by other programs, including: