The 10 Most Scariest Things About Birth Defect Law

Why You Should Hire a Birth Defect Legal Team

Being aware that your child has an abnormal birth defect is one of the most frightening and confusing experiences you can face. Contacting a legal team for birth defects with experience is vital immediately.

A lawyer can explain the cause of a birth defect and how to file a lawsuit to claim damages for your child.

Causes of Birth Defects

Birth defects are structural problems that affect the way the body looks or performs. They can happen at any time during pregnancy, however they tend to happen in the first three months. Some are obvious, while others are detected only by a doctor. They can vary in severity from mild to severe.

Most birth defects result from genetic disorders. They happen when a particular gene changes (mutates) or is absent completely. The majority of genes are passed on from parents to children but some originate from the environment. Some environmental triggers include smoking, drinking during pregnancy or taking certain medications. Exposure to harmful chemicals can also increase the risk of having a birth defect.

Certain birth defects can be corrected, but the majority cannot. These can include surgery, medicines, and special home care. Some birth defects, like cleft lip and palate and spina Bifida, can be fixed through surgery. The use of medicines can treat other ailments, such as Tay-Sachs and patent ductus artery.

Women who drink alcohol, smoke cigarettes or both during pregnancy have an increased risk of having babies with birth defects. Women with a family history of a birth defect are at a higher risk too. It is important to talk to a doctor regarding your chance of having a baby with a birth defect.

Medical Malpractice

In many instances birth defects are often caused by medical mistakes during pregnancy and delivery. A New York birth defect lawyer will assist parents in filing an action for malpractice against the doctor who caused the child's condition.

A doctor might have negligently prescribed medication during pregnancy to the mother that increased the chances of the child developing a specific defect. If the child suffers from a severe mental deficiency due to that medication, the child may be eligible for government disability benefits to help meet their requirements.

A medical professional or a hospital could be unable to recognize an existing birth defect law firms defect during the fetal screening was conducted. If the doctor was unable to conduct a test or discuss the results with parents, he could be held accountable for wrongful claims.

Medical facilities, health professionals and midwives are required to report and disclose medical records related to birth defects. The information is used for monitoring birth defects activities, as well as to identify trends, clusters and possible causes. The information is not available to the public or any other individuals, unless it is permitted by applicable laws and regulations, including HIPAA. These regulations could differ based on the jurisdiction. The information is only used for purposes approved by the department of health for the state. All employees who are part of the program to monitor birth defects must sign a confidentiality contract and undergo training on how to handle confidential information.

Prescription Drugs

The possibility of birth defects can be identified prior to the birth of a baby through prenatal ultrasounds and blood tests and amniocentesis (obtaining samples of amniotic fluid from the fetus). These more precise screening options can be provided to women with higher-risk pregnancy due to a history of the mother or her age at which she became a mother.

Several over-the-counter or prescription medications can trigger serious adverse effects for pregnant women. Pharmaceutical companies and the doctors who prescribe these medications are under the obligation to inform doctors of the dangers and if they fail to comply, they could be held liable for resulting birth injuries.

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

The majority of birth defects are detected when the baby is born or shortly after and are able to be corrected with surgery. Some may be permanent, affecting the individual throughout their life and causing significant limitations and disabilities. A birth defect lawyer who is experienced and sympathetic can help families get the amount of compensation they are due. If you suspect your child was born with an anomaly in the birth It is essential to submit a claim before the statute of limitations runs out.

Environmental Exposure

There are many environmental causes of birth defects. These can range from prescription or over-the-counter medications to exposure to chemicals in the workplace or in the home. Sometimes, the causes are difficult to pinpoint. When a lot of babies with the same defect are born within the same time frame and place, it is known as a birth defect "cluster".

A medical malpractice lawyer should be consulted when there is any suspicion of a cause of a birth defect or birth injury. A medical malpractice lawyer who is experienced and compassionate can help families receive the justice they deserve, so that their child's birth defect or injury will not result in permanent negative consequences.

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

This information is able to be gathered and shared through different programs like: