The 10 Most Scariest Things About Birth Defect Law

Why You Should Hire a Birth Defect Legal Team

It can be a frightening and confusing experience to learn that your child is born with a birth deformity. It's important to contact an experienced birth defect legal team as soon as you can.

A lawyer can explain the causes of a birth defect as well as how to file a lawsuit to claim damages for your child.

Causes of Birth Defects

Birth defects are structural problems that affect how the body appears or functions. They can happen at any stage of pregnancy, however the majority occur in the first three months. Some are visible, whereas others are only discovered by a health care provider. They can range in severity from mild to severe.

Genetic disorders are the cause of the majority of birth problems. They happen when a particular gene changes (mutates) or is not present completely. The majority of genes are passed on from parents to children however, some are inherited from the environment. Environmental factors include smoking cigarettes, drinking during pregnancy, or taking certain medications. Exposure to harmful chemical substances can also increase the risk of developing a birth defect.

Some birth defects can be corrected, however, the majority of birth defects cannot be treated. Some of the treatments are surgery, medicine and special home care. Surgery can correct birth defects, including Cleft lips and palates, and spina-bifida. Other issues, such as patent ductus arteriosus and Tay-Sachs disease, can be treated using medications.

Women who drink alcohol, smoke or both during pregnancy have the highest chance of having children with birth defects. Women with an ancestral history of birth defect are at a greater risk as well. It is essential to discuss with your physician the possibility of having a child with a birth deformity.

Medical Malpractice

In many instances, birth defects result from medical negligence during pregnancy or during delivery. A New York birth defects lawyer can help parents file a malpractice lawsuit against the medical doctor or other professionals who caused the child's condition.

For instance, a doctor might have erroneously prescribed medication to the mother during pregnancy, which increased the risk of the child being born with a specific defect. If the child is suffering from a severe mental deficiency due to the medication, they can receive government disability benefits to meet their needs.

The medical professional or law hospital also could not have detected a birth defect that was known to the mother during fetal screening. If the doctor didn't conduct tests or discuss the results with parents they could be liable for wrongful birth claims.

Medical facilities, health professionals and midwives are required divulge and release medical records relating to birth defect lawsuit defects. This information can be used for monitoring birth defects activities, as well as to identify patterns, clusters and possible causes. This information cannot be divulged to the public or other individuals, unless it is permitted by applicable laws and regulations, including HIPAA. These regulations may vary by jurisdiction. The information is only used for approved purposes by the department of the state. All employees who are part of the program to monitor birth defects must sign confidentiality agreements and receive training on how to handle confidential information.

Prescription Drugs

The risks of certain birth defects can be identified before a child is born by prenatal ultrasounds, amniocentesis or blood tests (obtaining the sample of fetal amniotic fluid). Women with higher-risk pregnancies can be offered more in-depth screening options due to the family history or maternal age.

Several over-the-counter or prescription medications can trigger serious adverse effects for pregnant women. The pharmaceutical companies and those who prescribe these medications are under the obligation to inform doctors of the potential risks and if they fail to comply, they could be held liable for resulting birth injuries.

Due to birth defects as a result of birth defects, medical, hospital and pharmaceutical bills can quickly mount up particularly if the defect is severe and requires continuous treatment. It is essential to keep all receipts or bills and credit card records and other documents that show your damages and right to compensation.

Most birth defects are identified when the baby is born or shortly thereafter, and some can be corrected through surgery. Certain birth defects are permanent and can affect the person for the rest of their life that can result in significant disabilities and limitations. A skilled, compassionate birth defect lawyer can assist families get the justice they deserve. You must file a claim as soon as you suspect that your child is suffering from a birth defect.

Environmental Exposure

There are numerous environmental causes of birth defects. These can include prescription or over-the-counter drugs, as well as exposure to chemicals at workplace or at home. These causes can be difficult to identify. If a large number of children with the same defect are born within a specific time period and location, this is called a birth defect "cluster".

A medical malpractice lawyer should be consulted if there is any suspicion of a cause of an anomaly in the birth or birth injury. A skilled and compassionate medical malpractice lawyer can assist families obtain the compensation they are entitled to so that their child's birth defect or birth injury will not be a permanent negative impact.

Many states have laws requiring the tracking of birth defects. This entails the recording of information from hospital discharge records. This information can be utilized to identify patterns, anomalies, and clusters.

This information can be collected and shared with various programs including: