The 10 Most Scariest Things About Birth Defect Law

Why You Should Hire a Birth Defect Legal Team

Being aware that your child has a birth defect is one of the most frightening and confusing situations you could be faced with. Contacting a birth defect legal team with experience is important to do so as soon as you can.

A lawyer can explain the cause of a birth defect and how to file a lawsuit to claim damages for your child.

Causes of Birth Defects

Birth defects are structural changes that affect the way the body looks and functions. They can happen at any time during pregnancy, but most occur within the first three months. Some are obvious, while others can only be identified by a healthcare professional. They can range in severity from mild to severe.

Genetic defects are the reason for the majority of birth problems. These are caused when genes are altered (mutated) or absent. The majority of genes are passed on from parents to children, defect however, some are inherited from the environment. Environment-related factors include smoking, drinking alcohol or taking certain medications during pregnancy. Exposure to harmful chemicals may also increase the risk of having a birth defect.

There is no cure for the majority of birth defects, but there are treatments that can assist with certain problems. This can include surgery, medicines and special home care. Surgery can correct some birth defects like the cleft palate and lips, as well as spina-bifida. The use of medicine can treat other ailments, such as Tay-Sachs and patent ductus artery.

Women who smoke or drink alcohol during pregnancy are at greater risk likelihood of having a child with a birth defect. Women with a family history of a birth defect are at a greater risk as well. It is important to talk to a doctor regarding your possibility of having a child with a birth defect.

Medical Malpractice

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

A doctor may have negligently prescribed medication during pregnancy to the mother that increased the risk of the baby having a specific defect. If the child suffers from a mental disorder that is severe due to that medication, the child could be eligible for disability benefits through the government to help with their needs.

A medical professional or hospital may also have failed to detect an existing birth defect in the mother when the fetal screening was conducted. If the doctor defect didn't perform testing or discuss the results with the parents or the hospital, they could be responsible for wrongful birth claims.

Medical facilities, health professionals and midwives are required divulge and release medical records related to birth defects. This information can be used to monitor birth defects actions and to determine trends, clusters and possible causes. This information should not be made available to the general public or to other people unless authorized by applicable laws and regulations, including HIPAA. These regulations may differ according to region. The information is only used for authorized purposes by the state department. In addition the employees involved in the surveillance of birth defects must sign confidentiality agreements and receive training on the appropriate handling of confidential information.

Prescription Drugs

The risks of certain birth defects can be identified prior to the birth of a child via prenatal ultrasounds, amniocentesis and blood tests (obtaining the sample of amniotic fluid in the fetus). These more specific screening options are available to women with higher-risk pregnancy due to a history of the mother or her advanced maternal age.

Many over-the counter and prescription medications can have severe adverse effects when used by women who are pregnant. Pharmaceutical companies and the doctors who prescribe these medications have a duty to warn physicians about the risks, and when they fail to do so, they can be held accountable for birth injuries.

Hospital, medical and pharmaceutical charges can add quickly because of a birth defect, especially severe ones that require lifelong treatment and care. It is essential to keep all receipts or bills and credit card records and other evidence that proves your damage and entitlement to compensation.

Certain birth defects can be corrected by surgery. Some birth defects are permanent and affect the person for the rest of their life, causing significant disabilities and limitations. A knowledgeable, empathetic birth defect lawyer can help families receive the amount of compensation they deserve. You should start a claim as soon when you suspect your child is suffering from an abnormal birth.

Environmental Exposure

There are a variety of environmental causes of birth defects. They can be caused by prescription or over-the-counter medications to exposure to chemicals at the workplace or in homes. Sometimes, the cause is difficult to identify. If a large number of children with the same defect are born within a specific time period and place, it is known as a birth defects "cluster".

A medical malpractice attorney should be consulted when there is suspicion of a birth defect or injury. A medical malpractice attorney who is knowledgeable and compassionate can assist families in obtaining the amount they are due so that their child's birth defect or injury doesn't cause permanent negative effects.

Many states have laws that require the recording of birth defect. This includes the gathering of information from hospital discharge record. The information can be used to identify anomalies and trends.

This information can be gathered and shared through different programs, including: