Birth Defect Law Explained In Fewer Than 140 Characters

Why You Should Hire a Birth Defect Legal Team

Discovering that your child has an abnormal birth defect is among the most terrifying and confusing experiences you can be faced with. It is essential to speak with an experienced legal team as soon as possible.

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

Causes of Birth Defects

Birth defects are structural issues which affect the way that the body looks or works. They can occur at any point during pregnancy, however they tend to occur within the first three months. Some are visible, and others can only be identified by a medical professional. They vary in severity from mild to severe.

The majority of birth defects are caused by genetic defects. These happen when a gene alters (mutates) or is absent completely. The majority of genes are passed on from parents to children but some come from the environment. The environmental factors include smoking, drinking alcohol or taking certain medications during pregnancy. Exposure to harmful chemical substances can also increase the risk of developing a birth defect.

There is no cure for all birth defects, however there are treatments available to aid in the treatment of certain issues. These can include surgery, medications, and special home treatment. Some birth defects, such as cleft lip and palate and spina Bifida, can be fixed by surgery. Medical treatments can be used to treat other ailments, such as Tay-Sachs and patent ductus artery.

Women who drink alcohol or smoke during pregnancy are at an increased risk of having a child with birth defect. Women with a family history of a birth defect are at greater risk as well. It is essential to speak with a doctor about your possibility of having a child with a birth defect.

Medical Malpractice

In many instances birth defects are often caused by medical negligence during pregnancy and delivery. A New York birth defects lawyer can help parents file an action for malpractice against the doctor or other medical experts who caused the child's condition.

A doctor might have negligently prescribed medication to the mother that increased the likelihood of the baby developing an inherited defect. If the child is suffering from an extreme mental impairment due to the medication, the child may be eligible for government disability benefits to help meet their needs.

The medical professional or hospital could not have detected an identifiable birth defect in the mother during the fetal screening. If the doctor failed to do the testing or discuss the results with the parents or the hospital, they could be responsible for wrongful birth claims.

Medical facilities, health professionals and midwives are required to divulge and release medical records related to birth defects. The information is used for monitoring birth defect lawyers defects activities and to identify trends, clusters and possible causes. This information should not be made available to the general public or other individuals unless allowed by applicable laws and regulations, such as HIPAA. These regulations can vary depending on the area of. The information is only used for approved purposes by the state department. All employees participating in the birth defect surveillance program must also sign confidentiality agreements and receive instruction on how to handle confidential information.

Prescription Drugs

The danger of certain birth defects can easily be detected prior to the birth of a baby via prenatal ultrasounds, amniocentesis or blood tests (obtaining samples of amniotic fluid in the fetus). These more specific screening options may be offered to women with higher-risk pregnancy due to a history of the mother or her advancing age.

A variety of prescription and over-the counter medications can cause serious side effects for pregnant women. Pharmaceutical companies and those who prescribe these drugs have obligations to inform physicians of the dangers and if they fail to comply, they could be held accountable for birth injuries.

Hospital, medical and pharmaceutical expenses can pile up quickly as a result of a birth defect, especially serious ones that require lifetime treatment and treatment. It is essential to keep any and all receipts, bills, credit card payment documents and other documentation of your injuries and rights to claim compensation.

The majority of birth defects are detected when the baby is born or shortly thereafter and are able to be corrected with surgery. Others could be forever, affecting the individual throughout his or her lifetime and leading to significant disabilities and limitations. A birth defect lawyer who is knowledgeable and sympathetic can help families receive the justice they deserve. If you suspect your child was born with a birth defect, it's important to file a claim before the statute of limitations runs out.

Environmental Exposure

There are numerous environmental causes of birth defects. These range from prescription or over the counter drugs to exposure to chemicals at the workplace or in the home. Sometimes, the cause is difficult to pinpoint. If a large number of children with the same defect are born within a specific time period and location, this is called a birth defect "cluster".

A medical malpractice lawyer should be consulted when there is a suspicion of an anomaly in the birth or birth injury. A medical malpractice lawyer who is knowledgeable and compassionate can assist families in obtaining the compensation they deserve so that their child's birth defect or injury won't cause permanent negative effects.

Many states have laws that require the monitoring of birth defects. This includes the gathering of information from hospital discharge record. The information can be used to spot patterns and anomalies.

This information may be collected by other programs, including: