The 10 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 terrifying and confusing situations you'll be faced with. Contacting a birth defect legal team with experience is important in the earliest time possible.

A lawyer can explain to you the causes of birth defect lawyers defects and how to file a lawsuit to seek damages on behalf your child.

Causes of Birth Defects

Birth defects are structural changes within the body that affect how it looks or functions. They can occur at any point during pregnancy, but most occur within the first three months. Some are obvious, while others are only detected by a healthcare professional. They can vary in severity from mild to severe.

Genetic abnormalities are responsible for most birth problems. These happen when a gene changes (mutates) or is not present altogether. Most genes are passed from parents to children however, some are inherited from the environment. The environmental factors include smoking, drinking during pregnancy or taking certain medications. Exposure to harmful chemicals can increase the risk for a birth defect.

There is no cure for all birth defects, but there are treatments available to aid with certain problems. Some of the treatments are surgery, medicine and special home care. Surgery can correct certain birth defects, including lip and palate clefts and spina-bifida. Other issues, such as Tay-Sachs's syndrome, can be treated using medications.

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

Medical Malpractice

In many instances birth defects arise from medical negligence during pregnancy or during delivery. A New York birth defect lawyer can assist parents in filing a malpractice lawsuit against the doctor Birth defect who caused the child's condition.

For example, a doctor might have prescribed a medication to the mother during pregnancy, which increased the risk of the child being born with a certain defect. If the child has a severe mental deficiency because of that medication, Birth defect the child may receive government disability benefits to help with their requirements.

The medical professional or hospital could have failed to detect a known birth defect in the mother during fetal screening. If the doctor did not perform testing or did not discuss the results with parents, they could be held liable for untrue claims.

Medical facilities, health professionals and midwives are required to report and disclose medical records relating to birth defects. This information can also be used to determine patterns and clusters, and possible causes. This information should not be disclosed to other individuals or the general public unless it is authorized by the applicable laws, regulations and HIPAA. These regulations can differ by the state of. The information is only used for approved purposes by the state department. All employees involved in the birth defect surveillance program must also sign a confidentiality contract and receive instruction on how to handle confidential information.

Prescription Drugs

The possibility of birth defects can be assessed prior to the birth of a baby through prenatal ultrasounds, blood tests and amniocentesis (obtaining samples of amniotic fluid in the fetus). These more detailed screening options can be provided to women who are at greater risk of having a pregnancies due to the mother's history or her mother's age.

A number of over-the-counter and prescription medications can have serious adverse effects when used by women who are pregnant. The pharmaceutical manufacturers and those who prescribe these medications are obliged to warn doctors of the risks. If they fail to comply with this they could be held responsible for birth injuries.

As a result of birth defects Due to birth defects, medical, hospital and pharmaceutical costs can quickly mount up particularly when the defect is severe and requires continuous treatment. It is essential to gather all receipts and bills, credit card records, and other evidence that proves your losses and your right to compensation.

Certain birth defects can be corrected by surgery. Others may remain forever, affecting the person throughout their life, causing limitations and disabilities. A birth defect lawyer who is knowledgeable and sympathetic can help families get the settlement they deserve. If you suspect your child was born with an anomaly in the birth, it's important to start a claim prior to the statute of limitations runs out.

Environmental Exposure

Birth problems can be caused by several environmental factors. These include prescription or over-the-counter drugs in addition to chemical exposure at workplace or at home. The causes of these can be difficult to pinpoint. But when too many 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 reason to believe that an injury or birth defect was the result of medical malpractice, a medical malpractice lawyer should be consulted. A medical malpractice attorney who is knowledgeable and caring can help families get the money they deserve to ensure that their child’s birth defect or injury doesn't have lifelong negative consequences.

Many states have laws that require tracking of birth defect. This includes the collection of data from the discharge record of a hospital. It can then be used to find trends, anomalies and possible clusters.

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