The 10 Most Terrifying Things About Birth Defect Law

Why You Should Hire a Birth Defect Legal Team

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

A lawyer can help you understand the causes of a birth defect and how to file a lawsuit in order to recover damages for your child.

Causes of Birth Defects

Birth defects are structural changes in the body that affect the way it appears or performs. They can happen at any time during pregnancy, but the majority occur during the first three months. Some are visible, while others are only detected by a health professional. They can vary in severity from mild to severe.

Genetic defects are the reason for the majority of birth defects. They occur when a gene is altered (mutates) or is missing altogether. Some genes are inherited from parents, while others come from the environment. Environment-related factors include drinking alcohol, smoking cigarettes or taking certain medications during pregnancy. Exposure to harmful chemicals may increase the risk of a birth defect.

Some birth defects can be treated but most cannot. Some of the treatments are surgery, medicine and special home care. Certain birth defects, like Cleft lip and the palate and spina bifida, are corrected through surgery. Medicines can be used to treat other issues, such as Tay-Sachs or patent ductus artery.

Women who smoke or drink alcohol during pregnancy are at an increased risk of having a child with a birth defect. Women who have a family history of birth defect are at higher risk too. It is crucial to discuss with your doctor the possibility of having a child who has a birth deformity.

Medical Malpractice

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

For instance, a doctor might have prescribed a medication to the mother during pregnancy that increased the likelihood of the child being born with a certain defect. If the child has an extreme mental impairment because of the medication, they are eligible to receive government benefits to help them with their needs.

The medical professional or hospital also may not have detected an identified birth defect in the mother during the fetal screening. If the doctor was unable to conduct a test or discuss the results with parents, they could be held responsible for wrongful claims.

Health professionals, medical facilities and midwives are required to report and disclose medical records related to birth defects. This information can be used to monitor birth defects activities, as well as to identify patterns, clusters and potential causes. This information should not be made available to the public or other people unless authorized by applicable laws and regulations, like HIPAA. These regulations can differ based on the jurisdiction. The information is used only for purposes that are approved by the department of health of the state. All employees involved in the program to monitor birth defects must sign confidentiality agreements and receive instruction on how to handle confidential information.

Prescription Drugs

The danger of certain birth defects can be detected before the birth of a child through prenatal ultrasounds, amniocentesis and blood tests (obtaining an amniocentesis sample of the amniotic fluid in the fetus). These more precise screening options may be offered to women with higher-risk pregnancy due to a history of the mother or her age at which she became a mother.

Many prescription or over-thecounter medicines can cause serious side effects for pregnant women. The pharmaceutical companies and those who prescribe these medications are under a duty to warn physicians of the dangers and if they fail to do so, they could be held responsible for any resulting birth injuries.

Due to birth defects, medical, hospital, and law pharmaceutical expenses can quickly mount up, especially when the defect is severe and requires lifelong treatment. It is essential to keep any and all bills, receipts or credit card transaction records and other documentation of your damages and your right to claim compensation.

The majority of birth defect lawyers defects are discovered before the infant is born or shortly thereafter and can be treated with surgery. Some birth defects are permanent and can affect the affected person for the rest their lives leading to significant limitations and disabilities. A knowledgeable, empathetic birth defect lawyer can assist families obtain the compensation they deserve. You should begin a claim as quickly when you suspect your child has an anomaly in their birth.

Environmental Exposure

Birth problems can be caused by many environmental factors. This can 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. However, when a large number of babies with the same defect are born within a specific time period and location, this is known as a birth defect "cluster".

A medical malpractice lawyer is recommended if there is a suspected cause of birth defect or injury. A compassionate and knowledgeable medical malpractice lawyer can help families receive the amount of compensation they are entitled to so that their child's birth defect or birth injury will not have lifelong negative effects.

Many states have laws requiring the monitoring of birth defects. This includes the gathering of information from hospital discharge records. This information can be used to find anomalies, trends and potential clusters.

This information may also be collected through other programs, for instance: