The 10 Most Scariest Things About Birth Defect Law
Why You Should Hire a Birth Defect Legal Team
Finding out that your child is suffering from a birth defect is one of the most terrifying and confusing situations you could face. Contacting a legal team for birth defects that has experience is essential in the earliest time possible.
A lawyer can explain to you the reasons for birth defects and also how to file a lawsuit to claim damages on behalf of your child.
Causes of Birth Defects
Birth defects are structural issues that affect the way the body appears or functions. They can happen at any time during pregnancy, however the majority occur in the first 3 months. Some are visible while others can be detected only by a doctor. They can vary in severity from mild to severe.
Most birth problems result from genetic disorders. They occur when a gene is altered (mutates) or is missing completely. Some genes are inherited from parents, but others originate from the environment. Some environmental triggers include smoking, drinking during pregnancy or taking certain medications. Exposure to harmful chemicals could increase the risk of having a birth defect.
There is no cure for most birth defects, however there are treatments available to aid with certain problems. This can include surgery, medications and home care. Certain birth defects, such as Cleft lip and palate, as well as spina Bifida, can be corrected with surgery. The use of medicines can treat other issues, such as Tay-Sachs and patent ductus artery.
Women who smoke, drink alcohol or both during pregnancy have an increased chance of having babies with birth defects. Women with a history of birth defects in their families are also at risk. It is important to discuss with a doctor about the chance of having a baby with birth defect.
Medical Malpractice
In many cases birth defects result from medical negligence during pregnancy or delivery. A New York birth defects lawyer can assist parents in filing a malpractice lawsuit against the doctor or other medical experts who caused the child's condition.
A doctor may have mistakenly prescribed medication during pregnancy to the mother, which increased the chances of the baby being born with a particular defect. If the child suffers from a severe mental impairment because of the medication, they may be eligible for government assistance to help the child with their needs.
A medical professional or hospital might also have missed a chance to identify an birth defect that was present in the mother's uterus when fetal screening was performed. If the doctor did not do the test or discuss the results with parents, he may be held responsible for wrongful claims.
Health professionals, medical facilities and midwives are required to divulge and release medical records related to birth defects. The information is used for birth defects surveillance activities as well as to detect patterns, clusters and possible causes. The information is not available to the public or any other individuals unless allowed by applicable laws and regulations, such as HIPAA. These regulations can vary depending on the jurisdiction. The information is only used for approved purposes by the state department. Additionally all employees who are involved in birth defects surveillance must sign confidentiality agreements and be trained on the appropriate handling of confidential information.
Prescription Drugs
The risks of certain birth defects can be assessed before a child is born via prenatal ultrasounds, amniocentesis and blood tests (obtaining an amniocentesis sample of the amniotic fluid in the fetus). Women who have higher risk of pregnancies could be offered these more in-depth screening options due to the family history or maternal age.
A variety of over-the-counter as well as prescription medications can have severe adverse effects when used by women who are pregnant. Pharmaceutical companies and the doctors who prescribe these medicines have an obligation to warn doctors about the risks and if they fail to take this step, they may be held accountable for birth injuries.
Hospital, medical and pharmaceutical costs can add up quickly as a result of birth defects, particularly severe ones that require lifelong treatment and treatment. It is crucial to keep track of all receipts, bills and credit card payment records and other documentation of your losses and rights to compensation.
Most birth defects are diagnosed before the baby is born or shortly after and can be fixed with surgery. Some birth defects are permanent and affect the person for the rest of their lives which can cause significant disabilities and limitations. A compassionate, knowledgeable birth defect lawyer can help families receive the amount of compensation they deserve. If you suspect that your child was born with a birth defect, it's important to submit a claim before the statute of limitations expires.
Environmental Exposure
There are many environmental causes of birth defects. These include prescription or over-the-counter medications as well as chemical exposure at work or at home. These causes can be difficult to pinpoint. If a large number of children with the same defect are born within an exact time frame and place, it is known as a birth defect attorneys defects "cluster".
A medical malpractice attorney should be consulted if there is a suspected cause of a birth defect law firm defect or birth injury. A knowledgeable and empathetic medical malpractice lawyer can assist families receive the benefits they are entitled to, so that their child's birth defect or birth injury does not have lasting negative effects.
Many states have laws that require the tracking of birth defects. This includes the collection of information from hospital discharge records. It can then be used to identify patterns, anomalies, and clusters.
This information can be gathered and shared through various programs including: