The 10 Most Scariest Things About Birth Defect Law

Why You Should Hire a birth defect attorney Defect Legal Team

The discovery that your child is suffering from an abnormal birth defect is among the most frightening and confusing experiences you can face. Contacting a legal team for birth defects with experience is important to do so as soon as you can.

A lawyer can inform you the reasons for birth defects, and how to file a lawsuit to recover damages on behalf of your child.

Causes of Birth Defects

Birth defects are structural problems that affect the way the body looks or performs. They can occur at any point during pregnancy, but most occur in the first 3 month. Some are visible while others can be detected only by a health professional. They can range in severity from mild to severe.

Genetic abnormalities are responsible for the majority of birth problems. These are caused when a gene is altered (mutated) or is absent. The majority of genes are passed on from parents to children, however some are passed down through the environment. Environmental factors could include smoking, drinking alcohol or taking certain medications during pregnancy. Exposure to harmful chemical substances can increase the risk for a birth defect.

Some birth defects can be treated however, the majority of birth defects cannot be treated. Some of these treatments include surgery, medicine, and special home care. Surgery can fix birth defects, including cleft lips and palates and spina-bifida. The use of medicines can treat other conditions, such as Tay-Sachs and patent ductus artery.

Women who drink alcohol, smoke or both during pregnancy have an increased risk of having children born with birth defects. Women who have an ancestral history of birth defect are at higher risk of having a child with a birth defect as well. It is essential to speak with a physician about your chance of having a baby with a birth defect.

Medical Malpractice

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

A doctor might have negligently prescribed medication to the mother that increased the chances of the baby being born with a certain defect. If the child suffers from a severe mental disability because of the medication, they could receive government-funded benefits to help those with disabilities.

A medical professional or hospital may not have been able to spot an birth defect that was present in the mother's body when screening for fetal defects was carried out. If the doctor was unable to do the test or discuss the results with parents, he may be held liable for wrongful claims.

Midwives, medical facilities and health professionals are required to divulge and provide medical records related to birth defects. The information could also be used to determine trends and clusters, and possible causes. This information should not be released to anyone else or to the general public unless it is authorized by the applicable laws, regulations and HIPAA. These regulations could differ based on the state of. The information is used only for purposes approved by the state department of health. Additionally all employees involved in birth defects surveillance must sign confidentiality agreements and be instructed on how to handle confidential information.

Prescription Drugs

Amniocentesis as well as prenatal ultrasounds and blood tests are able to determine the risk of certain birth deformities before the baby is born. These more thorough screening methods are offered to women at higher risk of becoming pregnant due to a history of the mother or birth defect her advancing age.

Several over-the-counter or prescription medications can trigger serious adverse effects in pregnant women. Pharmaceutical companies and the doctors who prescribe these drugs have a duty to warn physicians about the risks and, if they fail to comply, they could be held liable for resulting birth injuries.

Hospital, medical and pharmaceutical bills can add quickly because of a birth defect, and especially those that are severe and require ongoing treatment and care. It is crucial to keep track of any and all bills, receipts and credit card payment records, and other documentation regarding your injuries and rights to claim compensation.

Certain birth defects can be corrected by surgery. Some birth defects are irreparable and affect the person for the rest their lives that can result in significant limitations and disabilities. A knowledgeable, sympathetic 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 start a claim prior to the statute of limitations runs out.

Environmental Exposure

Birth problems can be caused by a variety of environmental factors. These can range from prescription or over-the-counter drugs to exposure to chemicals in the workplace or at home. Sometimes, these causes are difficult to pinpoint. However, when a large number of babies with the same defect are born within a specific time period and location, this is called a birth defect "cluster".

A medical malpractice attorney is recommended if there is a suspicion of birth defect or injury. A medical malpractice lawyer who is knowledgeable and compassionate can assist families in obtaining the amount they are due so that their child’s birth defect or injury won't cause permanent negative effects.

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

This information may also be gathered through other programs, like: