The 10 Scariest Things About Birth Defect Law

Why You Should Hire a Birth Defect Legal Team

Being aware that your child is suffering from a birth defect is one of the most terrifying and confusing experiences you can confront. It is essential to speak with an experienced legal team as soon as you can.

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

Birth Defects and Causes

Birth defects are structural issues that alter the way the body looks and functions. They can happen at any time during pregnancy, but the majority occur within the first three months. Some are visible while others can only be identified by a doctor. They can range in severity from mild to severe.

Genetic problems are the cause of most birth problems. They occur when genes are altered (mutated) or missing. Certain genes are passed down from parents, while others originate from the environment. Some environmental triggers include smoking, drinking during pregnancy or taking certain medications. Exposure to harmful chemicals may also increase the risk of a birth defect.

Certain birth defects can be treated however most aren't. These include surgery, medications, and special home treatment. Surgery can correct some birth defects like Cleft lips and palates, and spina-bifida. The use of medicines can treat other problems, like Tay-Sachs and patent ductus artery.

Women who consume alcohol, smoke or both during pregnancy have an increased chance of having children born with birth defects. Women with a history of birth defects in their family are also more at risk. It is important to discuss with your doctor the possibility of having a baby with a birth deformity.

Medical Malpractice

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

A doctor may have negligently prescribed medication to the mother, which increased the risk of the baby being born with a certain defect. If the child suffers from severe mental disabilities due to the medication, they could receive government-funded benefits to help with their needs.

The medical professional or hospital also could not have detected a known birth defect in the mother during the fetal screening. If the doctor was unable to carry out the tests or discuss the results with parents, he could be held liable for untrue claims.

Health professionals, medical facilities and midwives are required provide and share medical records relating to birth defects. The information is used for birth defects surveillance activities, as well as to identify trends, clusters, and possible causes. This information cannot be divulged to the general public or to other individuals, unless it is permitted by applicable laws and regulations, like HIPAA. These regulations can 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 birth defect; see post, surveillance program must also sign confidentiality agreements and undergo instruction on how to handle confidential information.

Prescription Drugs

The risks of certain birth defects can easily be detected prior to the birth of a baby through prenatal ultrasounds, amniocentesis and blood tests (obtaining an amniocentesis sample of the amniotic fluid from the fetus). Women with higher risk pregnancies might be offered more in-depth screening options due to an ancestral history or advanced maternal age.

A variety of prescription and over-the counter medications can trigger serious adverse effects for pregnant women. The pharmaceutical manufacturers and those who prescribe these medications are required to inform doctors of the risks. If they fail to take this step they could be held accountable for birth injuries.

Medical, hospital and pharmaceutical expenses can pile quickly as a result of a birth defect, and especially severe ones that require lifelong treatment and treatment. It is essential to keep all receipts, bills and credit card records and other documentation that demonstrates your damage and entitlement to compensation.

Certain birth defects can be corrected with surgery. Some birth defects are permanent and affect the person for the rest of their life, causing significant disabilities and birth defect limitations. A birth defect lawyer who is knowledgeable and compassionate can assist families get the justice they deserve. If you suspect your child was born with a birth defect it is crucial to make a claim before the statute of limitations runs out.

Environmental Exposure

Birth defects can be caused by a variety of environmental factors. These range from prescription or over-the-counter medications to exposure to chemicals in the workplace or in the home. These causes are often difficult to pinpoint. But when too many babies with the same defect are born in an exact time frame and location, this is known as a birth defect "cluster".

A medical malpractice attorney should be consulted when there is suspicion of an anomaly in the birth or birth injury. A medical malpractice attorney who is experienced and compassionate will assist families to receive the compensation they deserve so that their child's birth defect or injury won't have lifelong negative consequences.

A number of states have laws that require the monitoring of birth defects. This involves the collection of information from the discharge record of a hospital. The information is then used to identify anomalies, trends and potential clusters.

This information can be collected and shared by different programs like: