The 10 Most Terrifying Things About Birth Defect Law

Why You Should Hire a Birth Defect Legal Team

Finding out that your child is suffering from a birth defect is one of the most frightening and confusing situations you could be faced with. Contacting a legal team for birth defects who has experience is crucial immediately.

A lawyer can inform you the reasons for birth defects and the best way you can file a lawsuit to get compensation on behalf of your child.

Causes of Birth Defects

Birth defects are structural changes within the body that affect the way it appears or performs. They can happen at any time during pregnancy, but the majority happen in the first three months. Some are visible, and others can only be identified by a healthcare professional. They can vary in severity from mild to severe.

Most birth defects are caused by genetic defects. These are caused when a gene is altered (mutated) or birth defect missing. Certain genes are passed down from parents, while others come from the environment. Environmental factors can include drinking alcohol, smoking cigarettes or taking certain medications during pregnancy. Exposure to harmful chemicals could also increase the risk of a birth defect.

Some birth defects can be treated but most cannot. Some of the treatments are surgery, medication, and specialized home care. Some birth defects, like cleft lip and palate and spina bifida, are treated through surgery. Medicines can be used to treat other ailments, such as Tay-Sachs or patent ductus artery.

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

Medical Malpractice

In many cases, birth defect lawyers defects are caused by medical negligence during pregnancy and delivery. A New York birth defects lawyer can assist parents in filing a malpractice lawsuit against the medical doctor or other professionals responsible for the child's condition.

For example, a doctor might have prescribed a medication to the mother during her pregnancy that heightened the chances of the baby being born with a specific defect. If the child is suffering from an extreme mental impairment because of that medication, the child may receive government disability benefits to assist with their needs.

The medical professional or hospital also may not have detected a birth defect that was known to the mother during fetal screening. If the doctor did not perform testing or discuss the results with the parents they could be liable for wrongful birth claims.

Medical facilities, midwives and health professionals are required to divulge medical records that relate to birth defects. This information may also be used to identify patterns and clusters, and possible causes. The information will not be disclosed to other individuals or the public unless this is permitted by applicable laws, regulations and HIPAA. These regulations can differ depending on the jurisdiction. The information is only used for purposes approved by the department of health for the state. All employees who are part of the program to monitor birth defects must sign a confidentiality contract and receive training on how to handle confidential information.

Prescription Drugs

Amniocentesis as well as prenatal ultrasounds and blood tests are able to determine the risk of certain birth defects before a child is even born. Women who have higher risk of pregnancies could be given these more thorough screening options due to an ancestral history or advanced maternal age.

Many prescription or over-thecounter medicines can trigger serious adverse effects in pregnant women. Pharmaceutical manufacturers and those prescribing these medications are obliged to inform doctors about the risks. If they fail to comply with this, they may be held responsible for birth injuries.

As a result of birth defects Due to birth defects, medical, hospital and pharmaceutical expenses can quickly add up particularly when the defect is serious and requires continuous treatment. It is crucial to keep track of all receipts, bills, credit card payment records and other documentation of your damages and your right to compensation.

Some birth defects can be corrected through surgery. Others could be permanently affecting the person throughout their life and leading to severe disabilities and limitations. A birth defect lawyer who is knowledgeable and compassionate can assist families receive the settlement they deserve. You must start a claim as soon as you suspect that your child has a birth defect.

Environmental Exposure

There are a myriad of environmental causes of birth defects. This can include prescription or over-the-counter drugs and chemical exposure at workplace or at home. Sometimes these causes are hard to pinpoint. When a lot of babies with the same defect are born during an exact time frame and place, it is known as a birth defects "cluster".

If there is any suspicion that an injury or birth defect was the result of medical malpractice and a medical malpractice lawyer should be sought out. A medical malpractice attorney who is skilled and compassionate can assist families in obtaining the justice they deserve, so that their child's birth defect or injury won't be a permanent negative impact.

Many states have laws that require the monitoring of birth defects. This includes the gathering of information from the discharge record of a hospital. The information is then used to detect trends, anomalies and possible clusters.

This information is able to be gathered and shared through various programs including: