The 10 Most Scariest Things About Birth Defect Law

Why You Should Hire a Birth Defect Legal Team

Finding out that your child has an abnormal birth defect is one of the most frightening and confusing situations you could be faced with. It is crucial to contact an experienced birth defect legal team as soon as you can.

A lawyer can inform you the causes of birth defects and the best way to file a suit to seek damages on behalf your child.

Causes of Birth Defects

Birth defects are structural problems which affect the way that the body appears or functions. They can occur at any point during pregnancy, but most occur in the first three month. Some are obvious, while others are only discovered by a doctor. They can range in severity, from mild to severe.

Most birth problems are caused by genetic abnormalities. They occur when a gene is altered (mutated) or absent. Most genes are passed from parents to children but some come from the environment. Environmental factors include smoking, drinking during pregnancy, or taking certain medications. Exposure to harmful chemicals can also increase the risk of a birth defect.

Certain birth defects can be corrected, but most cannot. Some of these treatments include surgery medicine and special home care. Surgery can correct some birth defects, including Cleft lips and palates, and spina-bifida. The use of medicines can treat other ailments, such as Tay-Sachs and patent duodenal artery.

Women who consume alcohol, smoke or both during pregnancy are at an increased risk of having children with birth defects. Women with a family history of a birth defect are at a higher risk too. It is important to discuss with a doctor about your chance of having a baby with birth defect.

Medical Malpractice

In many instances 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 professionals who caused the child's condition.

For example, a doctor might have erroneously prescribed medication to the mother during pregnancy that increased the likelihood of the baby being born with a specific defect. If the child suffers from a serious mental disorder due to that medication, the child can receive disability benefits from the government to meet their needs.

A medical professional or hospital might also have missed a chance to identify an birth defect that was present in the mother's uterus when screening for fetal defects was carried out. If the doctor didn't conduct tests or discuss the results with the parents and the parents, they could be held accountable for claims based on wrongful birth.

Midwives, medical facilities and Birth Defect health professionals are required to divulge and report medical records relating to birth defects. This information can be used for birth defects surveillance activities and to identify trends, clusters, and possible causes. This information cannot be divulged to the general public or to other people unless authorized by applicable laws and regulations, such as HIPAA. These regulations could differ based on the jurisdiction. The information is only used for authorized purposes by the department of state. All employees who are part of the program to monitor birth defects must sign confidentiality agreements and receive instruction on how to handle confidential information.

Prescription Drugs

The danger of certain birth defects can be assessed before the birth of a child by prenatal ultrasounds, amniocentesis and blood tests (obtaining samples of amniotic fluid in the fetus). These more precise screening methods are offered to women who are at greater risk of having a pregnancies due to the history of the mother or her advanced maternal age.

A variety of over-the-counter as well as prescription medicines can cause serious adverse effects when used by pregnant women. Pharmaceutical companies and those who prescribe these medications are under the obligation to inform doctors of the potential risks, and when they fail to do so, they could be held accountable for the resulting birth injuries.

Hospital, medical and pharmaceutical expenses can pile up quickly as a result of a birth defect, and especially serious ones that require lifetime treatment and care. It is essential to keep any and all receipts, bills, credit card payment documents and other documentation of your damages and right to compensation.

Most birth defects are diagnosed before the infant is born or shortly thereafter, and some can be fixed with surgery. Some birth defects are irreparable and affect the person for the rest of their lives leading to severe disabilities and limitations. A skilled, compassionate birth defect lawyer can help families obtain the justice 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 expires.

Environmental Exposure

There are a variety of environmental causes of birth defect law firms defects. These can include prescription or over-the counter drugs, as well as exposure to chemicals at work or at home. The causes may be difficult to pinpoint. If a large number of babies are born with the same defect within some time or the same location, it's called a "cluster".

If there is any suspicion that an injury or birth defect was caused by medical negligence or negligence, a medical malpractice lawyer should be sought out. A medical malpractice lawyer who is skilled and compassionate can help families receive the compensation they deserve so that their child’s birth defect or injury won't have lifelong negative consequences.

Many states have laws that require the recording of birth defects. This includes the recording of information from hospital discharge records. It can then be utilized to identify patterns, trends, and possible clusters.

The information could also be gathered through other programs, for instance: