The 10 Most Terrifying Things About Birth Defect Law
Why You Should Hire a Birth Defect Legal Team
Discovering that your child has a birth defect is one of the most frightening and confusing experiences you can face. It is essential to speak with an experienced birth defect legal team as soon as possible.
A lawyer can explain the causes of a birth defect and how to file a lawsuit in order to claim damages for your child.
Causes of Birth Defects
Birth defects are structural issues which affect the way that the body appears or functions. They can happen at any point during pregnancy, but most occur during the first three months. Some are visible, while others are only detected by a doctor. They can range in severity from mild to severe.
Genetic disorders are the cause of most birth defects. These occur when a gene is altered (mutates) or disappears completely. The majority of genes are passed down from parents to children, however some are passed down through the environment. Environment-related factors include drinking alcohol, smoking cigarettes or taking certain medications during pregnancy. Exposure to harmful chemicals can also increase the risk of a birth defect.
Some birth defects can be treated however, the majority of birth defects cannot be treated. This can include surgery, medications and home care. Certain birth defects, like Cleft lip and palate, as well as spina bifida can be fixed with surgery. Other issues, like Tay-Sachs disease, can be treated with medication.
Women who drink alcohol or smoke during pregnancy are at greater risk chance of having a child with birth defect. Women with a family history of a birth defect are at higher risk too. It is essential to speak with a doctor about your possibility of having a child with a birth defect.
Medical Malpractice
In many cases birth defects can be caused by medical negligence during pregnancy and birth. 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 to the mother, which increased the chances of the baby having an inherited defect. If the child is suffering from an extreme mental impairment because of the medication, they can receive government benefits to help with their needs.
The medical professional or hospital also might not have been able to spot a birth defect that was known to the mother during fetal screening. If the doctor failed to conduct a test or discuss the results with parents, he may be held liable for wrongful claims.
Medical facilities, midwives and health professionals are required to disclose medical records that relate to birth defects. This information can also be used to identify patterns and clusters and Birth Defect possible causes. This information should not be disclosed to other individuals or the public unless this is authorized by applicable laws, regulations and HIPAA. These regulations can differ depending on the area of. The information is used only for purposes that are approved by the department of health in the state. In addition the employees involved in the surveillance of birth defects must sign confidentiality agreements and be trained on the appropriate handling of confidential information.
Prescription Drugs
The risk of certain birth defects can easily be detected prior to the birth of a child through prenatal ultrasounds and blood tests and amniocentesis (obtaining a sample of amniotic fluid of 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.
Many over-the counter and prescription medications can have severe adverse effects when used by women who are pregnant. Pharmaceutical companies and those who prescribe these medications are obliged to warn doctors about the risks. If they fail to take this step, they may be held accountable for birth injuries.
Medical, hospital and pharmaceutical costs can add quickly because of an anomaly in the birth, particularly severe ones that require continuous treatment and care. It is crucial to keep track of all bills, receipts or credit card transaction records, and other documentation regarding your injuries and rights to compensation.
Some birth defects can be corrected through surgery. Others can be permanent, affecting the person for birth defect the rest of his or her life, causing disabilities and limitations. A birth defect lawyer who is knowledgeable and compassionate can help families get the compensation they deserve. You must begin a claim as quickly when you suspect your child has a birth defect.
Environmental Exposure
There are a myriad of environmental causes of birth defects. These range from prescription or over-the-counter medications to exposure to chemicals in the workplace or in homes. Sometimes, these causes are difficult to determine. But when too many babies with the same defect are born in a specific time period and place, it is known as a birth defects "cluster".
A medical malpractice lawyer is recommended if there is suspicion of a birth defect or birth injury. A knowledgeable and sympathetic medical malpractice lawyer can help families get the compensation they are entitled to, so that the birth defect or birth injury will not cause permanent negative effects.
Many states have laws that require the tracking of birth defects. This includes the collection of data from hospital discharge records. The data can be used to spot patterns and anomalies.
This information may also be collected through other programs, such as: