5 Birth Defect Law Myths You Should Stay Clear Of

Why You Should Hire a Birth Defect Legal Team

It can be a terrifying and confusing process to discover that your child is born with a birth defect. It is crucial to contact an experienced legal team as soon as you can.

A lawyer can help you understand the causes of a birth defect as well as how to file a lawsuit in order to get compensation for your child.

Causes of Birth Defects

Birth defects are structural issues that affect how the body looks or works. They can occur at any point during pregnancy, but they typically occur during the first three months. Some are visible, while others are only detected by a health professional. They can range in severity from mild to severe.

Most birth defects are caused by genetic anomalies. These occur when a gene changes (mutates) or is not present altogether. Some genes are inherited from parents, but other genes come 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 for a birth defect.

Some birth defects can be corrected, but most cannot. These can include surgery, medications and home care. Certain birth defects, like Cleft lip and the palate and spina Bifida, can be treated through surgery. Medical treatments can be used to treat other issues, such as Tay-Sachs or patent ductus artery.

Women who smoke or drink alcohol during pregnancy are at an increased chance of having a child with a birth defect. Women who have a family history of a birth defect are at higher risk of having a child with a birth defect as well. It is essential to speak to a doctor regarding your chance of having a baby with birth defect.

Medical Malpractice

In many cases birth defects are the result of medical negligence during pregnancy or delivery. A New York birth defect lawyer can help parents file a malpractice lawsuit against the doctor responsible for causing the child's condition.

A doctor may have negligently prescribed medication during pregnancy to the mother that increased the chance of the baby having a particular defect. If the child is suffering from severe mental disabilities due to the medication, they can receive government-funded benefits to help with their needs.

A medical professional or hospital could also have missed a chance to identify an birth defect that was present during fetal screening was performed. If the doctor failed to do the test or discuss the results with parents, he may be held accountable for wrongful claims.

Midwives, medical facilities, and health professionals are required to divulge and report 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 made available to the public or any other individuals unless permitted by applicable laws and regulations, such as HIPAA. These regulations may vary by region. The information is only used for authorized purposes by the department of the state. All employees participating in the birth defect surveillance program must also sign confidentiality agreements and receive instruction on how to handle confidential information.

Prescription Drugs

The risk of certain birth defects can easily be detected prior to the birth of a child via prenatal ultrasounds, amniocentesis, and blood tests (obtaining the sample of fetal amniotic fluid). Women who have higher risk of pregnancies could be offered these more in-depth screening options due to the family history or maternal age.

Many over-the counter and prescription medications can have serious adverse effects when used by women who are pregnant. Pharmaceutical manufacturers and those prescribing these medications are required to inform doctors about the dangers. If they fail to comply with this, Birth Defect Lawyer they may be held accountable for birth defect law firms injuries.

Due to birth defects as a result of birth defects, medical, hospital and pharmaceutical expenses are often a quick way to accumulate particularly if the defect is severe and requires ongoing treatment. It is essential to keep all receipts, bills or credit card transaction records, and other evidence of your injuries and rights to claim compensation.

Most birth defects are diagnosed when the baby is born or shortly after and can be fixed with surgery. Others can be forever, affecting the individual throughout their life, causing limitations and disabilities. A compassionate, knowledgeable birth defect lawyer can assist families get the proper compensation they are entitled to. You must begin a claim as quickly you discover that your child has an abnormal birth.

Environmental Exposure

There are numerous environmental causes of birth defects. They can be caused by prescription or over the counter medications as well as chemical exposure at work or at home. These causes are often difficult to identify. If a large number of babies are born with the same defect within some time or location, it is called a "cluster".

A medical malpractice attorney should be consulted when there is any suspicion of a cause of birth defect or injury. A medical malpractice attorney who is knowledgeable and compassionate can help families receive the justice they deserve, so that their child’s birth defect or injury will not have lifelong negative consequences.

Many states have laws requiring the recording of birth defects. This includes the gathering of information from hospital discharge records. The information is then used to detect patterns, trends, and possible clusters.

This information may also be gathered using other programs, such as: