The 10 Most Scariest Things About Birth Defect Law

Why You Should Hire a Birth Defect Legal Team

The discovery that your child is suffering from an abnormal birth defect is among the most terrifying and confusing situations you'll be faced with. It is crucial to contact an experienced birth defect legal team as soon as possible.

A lawyer can explain to you the reasons for birth defects, and how to file a suit to get compensation on behalf of your child.

Causes of Birth Defects

Birth defects are structural changes within the body that impact the way it looks or functions. They can occur at any point during pregnancy, however the majority occur within the first three months. Some are visible, while others are detected only by a healthcare provider. They can vary in severity, from mild to severe.

The majority of birth defects are caused by genetic anomalies. They occur when an individual gene is altered (mutated) or is absent. Certain genes are passed down from parents, but others come from the environment. Environmental factors can include drinking alcohol, smoking or taking certain medications during pregnancy. Exposure to harmful chemicals can increase the risk of having a birth defect law firms defect.

Some birth defects can be corrected, but the majority cannot. These include surgery, medications, and special home treatment. Surgery can fix birth defects, such as lip and palate clefts and spina-bifida. Other issues, like Tay-Sachs's disease, are treated with medication.

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

Medical Malpractice

In many cases birth defects are caused by medical negligence during pregnancy or delivery. A New York birth defects lawyer can assist parents in filing an action for malpractice against the medical doctor or other experts who caused the child's condition.

A doctor could have mistakenly prescribed medication during pregnancy to the mother that increased the likelihood of the child developing a specific defect. If the child is suffering from a serious mental disorder due to the medication, the child could receive disability benefits from the government to help meet their requirements.

The medical professional or hospital also could not have detected a birth defect that was known to the mother during the fetal screening. If the doctor was unable to do the test or discuss the results with parents, they could be held liable for untrue claims.

Midwives, medical facilities and health professionals are required to divulge and provide medical records related to birth defects. This information may also be used to detect patterns and clusters, and possible causes. The information is not available to the general public or other individuals, unless it is permitted by applicable laws and birth defect regulations, like HIPAA. These regulations may differ according to jurisdiction. The information is only used for purposes approved by the department of health in the state. Additionally all employees who are involved in birth defects surveillance must sign confidentiality agreements and be instructed on how to handle confidential information.

Prescription Drugs

The danger of certain birth defects can be identified prior to the birth of a child by prenatal ultrasounds, amniocentesis and blood tests (obtaining samples of amniotic fluid of the fetus). These more thorough screening options may be offered to women who are at greater risk of having a pregnancies due to an antecedent history with the mother or her age at which she became a mother.

Many over-the counter and prescription medicines can cause serious adverse effects when used by pregnant women. Pharmaceutical manufacturers and those prescribing these medications have an obligation to warn doctors about the risks. If they fail to do this they could be held responsible for birth injuries.

Due to birth defects due to birth defects, medical, hospital and pharmaceutical costs can quickly accumulate, especially when the defect is serious and requires ongoing treatment. It is essential to keep all receipts, bills and credit card records and other documents that show your losses and your right to compensation.

The majority of birth defects are discovered when the baby is born or shortly thereafter and can be corrected through surgery. Some birth defects are permanent and can affect the person for the rest their lives that can result in significant disabilities and limitations. A birth defect lawyer who is experienced and compassionate can help families get the justice they deserve. If you suspect that your child was born with an anomaly in the birth, it's important to start a claim prior to the statute of limitations runs out.

Environmental Exposure

There are a myriad of environmental causes of birth defects. These include prescription or over the counter medications as well as chemical exposure at work or at home. Sometimes, the causes are difficult to identify. When a lot of babies are born with the same problem in the same time frame or area, it is known as a "cluster".

A medical malpractice lawyer is recommended if there is any suspicion of a cause of a birth defect or injury. A medical malpractice lawyer who is skilled and compassionate can assist families in obtaining the compensation they deserve so that their child’s birth defect or injury will not cause permanent negative effects.

A number of states have laws that require the recording of birth defects. This includes the capture of data from hospital discharge records. This information can be used to find trends, anomalies and possible clusters.

This information may also be gathered using other programs, including: