The Reasons You re Not Successing At Birth Defect Law
Why You Should Hire a Birth Defect Legal Team
It can be a frightening and confusing moment to discover that your child is born with a birth defect. Contacting a legal team for birth defects with experience is important immediately.
A lawyer can inform you the reasons for birth defects and how to file a suit to claim damages on behalf of your child.
Causes of Birth Defects
Birth defects are structural changes which affect the way that the body appears or functions. They can occur at any time during pregnancy, but most occur during the first three months. Some are visible while others are detected only by a healthcare provider. They can range in severity from mild to severe.
Genetic abnormalities are responsible for the majority of birth defects. They occur when a gene alters (mutates) or disappears altogether. Some genes are inherited from parents, but other genes are inherited from the environment. The environmental factors include smoking, drinking during pregnancy, or taking certain medications. Exposure to harmful chemicals can increase the risk for a birth defect.
There is no cure for the majority of birth defects, but there are treatments that can aid in the treatment of certain issues. This can include surgery, medicines and special home care. Certain birth defects, like the cleft lip and palate as well as spina bifida can be repaired through surgery. Other problems, such as patent ductus arteriosus and Tay-Sachs's disease, are treated with medication.
Women who drink alcohol, smoke or both during pregnancy are at a higher risk of having children with birth defects. Women with a history of birth defects in their family are also at greater risk. It is important to discuss with your physician the possibility of having a child who has a birth deformity.
Medical Malpractice
In many cases birth defects result from medical negligence during pregnancy or the birth. A New York birth defects lawyer can help parents file an action for malpractice against the doctor or other medical professionals who caused the child's condition.
A doctor may have mistakenly prescribed medication during pregnancy to the mother that increased the chance of the baby having a specific defect. If the child is suffering from an extreme mental impairment because of that medication, they can be eligible for government disability benefits to meet their needs.
The medical professional or hospital might not have been able to spot an identified birth defect in the mother during the fetal screening. If the doctor did not carry out the tests or discuss the results with parents, he could be held responsible for wrongful claims.
Health professionals, medical facilities and midwives are required to report and disclose medical records related to birth defects. The information is used for birth defects surveillance actions and birth defects to determine trends, clusters and possible causes. This information cannot be disclosed to the general public or to other people unless authorized by applicable laws and regulations, like HIPAA. These regulations may differ according to jurisdiction. The information is only used for approved purposes by the department of the state. Additionally the employees involved in birth defects surveillance must sign confidentiality agreements and be instructed on the appropriate handling of confidential information.
Prescription Drugs
The possibility of birth defects can be detected prior to the birth of a child through prenatal ultrasounds, blood tests and amniocentesis (obtaining an amniocentesis sample of the amniotic fluid from the fetus). Women with higher-risk pregnancies may be given these more thorough screening options due to a family history or advanced maternal age.
A number of over-the-counter and prescription drugs can cause serious adverse effects when used by pregnant women. Pharmaceutical manufacturers and those prescribing these medications are obliged to inform doctors about the risks. If they fail to do this, they may be held accountable for birth injuries.
Medical, hospital and pharmaceutical expenses can pile up quickly as a result of birth defects, particularly serious ones that require lifetime treatment and treatment. It is crucial to keep track of all receipts, bills, credit card payment records, and other documentation regarding your damages and your right to claim compensation.
Most birth defects are diagnosed before the baby is born or shortly thereafter, and some are able to be corrected with surgery. Some birth defects are permanent and affect the person for the rest of their lives leading to severe disabilities and limitations. A compassionate, knowledgeable birth defect lawyer can help families obtain the compensation they deserve. You must make a claim as soon when you suspect your child is suffering from an abnormal birth.
Environmental Exposure
There are a myriad of environmental causes of birth defects. These can include prescription or over-the-counter drugs, as well as chemical exposure at workplace or at home. Sometimes, the causes are difficult to pinpoint. However, when a large number of babies with the same defect are born in the same time and location, this is known as a birth defects "cluster".
A medical malpractice attorney should be sought out if there is any suspicion of a cause of birth defect or injury. A medical malpractice attorney who is skilled and compassionate can help families get the compensation they deserve so that their child’s birth defect or injury won't be a permanent negative impact.
Many states have laws requiring the tracking of birth defects. This includes the collection of information from hospital discharge records. The information is then used to identify trends, anomalies and possible clusters.
This information is able to be gathered and shared via various programs including: