20 Things You Should Be Educated About Birth Defect Law

Why You Should Hire a Birth Defect Legal Team

Discovering that your child is suffering from a birth defect is one of the most frightening and confusing situations you could confront. It's important to contact an experienced legal team as soon as possible.

A lawyer can explain to you the reasons for birth defects and the best way to file a suit in order to seek damages on behalf your child.

The causes of birth defect attorney defects

Birth defects are structural problems that affect how the body appears or functions. They can happen at any time during pregnancy, however they tend to occur within the first three months. Some are obvious, while others are detected only by a health professional. They vary in severity from mild to severe.

The majority of birth problems are caused by genetic defects. They occur when a gene is altered (mutates) or is absent altogether. Some genes are inherited from parents, whereas others are inherited from the environment. The environmental factors include smoking, drinking during pregnancy, or taking certain medications. Exposure to harmful chemical substances can increase the risk for a birth defect.

Some birth defects can be treated but most cannot. Some of these treatments include surgery, medication, and specialized home care. Some birth defects, such as Cleft lip and palate, as well as spina bifida, can be fixed by surgery. Other issues, such Tay-Sachs's disease, are treated with medicines.

Women who smoke, drink alcohol or both during pregnancy have an increased risk of having children born with birth defects. Women who have a history birth defects in their family are also at a higher risk. It is essential to speak to a doctor regarding your chance of having a baby with birth defect.

Medical Malpractice

In many cases, birth defects result from medical negligence during pregnancy or birth. A New York birth defect lawyer can help parents file an action for malpractice against the doctor who caused the child's condition.

A doctor may have mistakenly prescribed medication during pregnancy to the mother, which increased the chance of the baby having a certain defect. If the child suffers from a severe mental disability because of the medication, they may receive government benefits to help those with disabilities.

A medical professional or hospital may also have failed to detect an existing birth defect in the mother's uterus when fetal screening was performed. If the doctor failed to conduct a test or discuss the results with parents, they could be held accountable for wrongful claims.

Medical facilities, midwives and health professionals are required to disclose and provide medical records related to birth defects. The information could also be used to determine patterns and clusters, and possible causes. The information is not available to the public or other individuals, unless it is permitted by applicable laws and regulations, including HIPAA. These regulations may vary by region. The information is only used for purposes approved by the department of health of the state. All employees who are part of the program to monitor birth defects must also sign a confidentiality contract and receive instruction on how to handle confidential information.

Prescription Drugs

Prenatal ultrasounds, amniocentesis and blood tests can help determine the possibility of birth defects before a child is even born. These more detailed screening options can be provided to women at higher risk of becoming pregnant due to the mother's history or her mother's 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 medications have obligations to inform physicians of the potential risks, and when they fail to comply, they could be held liable for resulting birth injuries.

Hospital, medical and pharmaceutical charges can add quickly because of birth defects, particularly severe ones that require lifelong treatment and care. It is crucial to keep all receipts, bills and credit card records and other documentation that demonstrates your damages and right to compensation.

Most birth defects are identified before the baby is born or shortly after and can be corrected through surgery. Some birth defects are irreparable and affect the person for the rest of their life leading to significant limitations and disabilities. A skilled, compassionate birth defect lawyer can help families obtain the amount of compensation they deserve. You should make a claim as soon you realize that your child is suffering from an abnormal birth.

Environmental Exposure

Birth problems can be caused by a variety of environmental causes. These range from prescription or over the counter drugs to exposure to chemicals at the workplace or in the home. These causes are often difficult to pinpoint. If a large number of children with the same defect are born during a specific time period and location, this is known as a birth defect "cluster".

A medical malpractice attorney is recommended if there is suspicion of birth defect or injury. A knowledgeable and sympathetic medical malpractice lawyer can assist families get the amount of compensation they are entitled to, so that the birth defect or birth injury doesn't cause permanent negative effects.

Many states have laws that require the tracking of birth defects. This involves the collection of information from the hospital discharge records. The data can be used to identify anomalies and trends.

This information can be collected and shared through different programs like: