The 10 Scariest Things About Birth Defect Law

Why You Should Hire a Birth Defect Legal Team

The discovery that your child has a birth defect is among the most terrifying and confusing situations you'll be faced with. It is essential to speak with an experienced birth defect legal team as soon as you can.

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

Causes of Birth Defects

Birth defects are structural changes that affect the way the body looks and functions. They can occur at any point during pregnancy, but the majority occur in the first 3 month. Some are obvious, Birth Defect while others are only discovered by a health care provider. They can vary in severity from mild to severe.

Genetic problems are the cause of most birth problems. These happen when a gene changes (mutates) or is absent completely. Some genes are inherited from parents, whereas others are inherited from the environment. The environmental factors include drinking alcohol, smoking or taking certain medications during pregnancy. Exposure to harmful chemicals can increase the risk of having a birth defect.

There is no cure to the majority of birth defects, but there are treatments available to assist with certain problems. This can include surgery, medications and home care. Some birth defects, like Cleft lip and palate, as well as spina Bifida, can be fixed with surgery. Medicines can be used to treat other conditions, such as Tay-Sachs or patent ductus artery.

Women who drink alcohol or smoke during pregnancy are at a greater chance of having a baby with a birth defect. Women who have a history of birth defects in their family are also at risk. It is important to discuss with your physician the possibility of having a child who has a birth defect.

Medical Malpractice

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

A doctor may have mistakenly prescribed medication to the mother, which increased the risk of the baby developing a certain defect. If the child is suffering from a serious mental disorder due to that medication, the child could be eligible for government disability benefits to help with their needs.

The medical professional or hospital could have failed to detect an identifiable birth defect in the mother during the fetal screening. If the doctor didn't perform testing or discuss the results with the parents, they could be liable for claims based on wrongful birth.

Medical facilities, midwives and health professionals are required to divulge and provide medical records related to birth defects. This information can be utilized for surveillance of birth defects actions and to determine patterns, clusters and possible causes. This information cannot be disclosed to the general public or other individuals unless allowed by applicable laws and regulations, which includes HIPAA. These regulations can differ by region. The information is only used for authorized purposes by the state department. Every employee involved in the program to monitor birth defects must also sign a confidentiality contract and undergo instruction on how to handle confidential information.

Prescription Drugs

Amniocentesis as well as prenatal ultrasounds and blood tests are able to determine the possibility of birth defects before a child is even born. Women with higher-risk pregnancies may be given these more thorough screening options due to an extended family history or maternal age.

A variety of over-the-counter as well as prescription drugs can cause serious adverse effects when used by pregnant women. The pharmaceutical companies and those who prescribe these medications are under a duty to warn physicians of the potential risks and, if they fail to do so, they could be held responsible for any resulting birth injuries.

Medical, hospital and pharmaceutical expenses can pile quickly because of a birth defect, especially severe ones that require continuous treatment and care. It is essential to keep all receipts, bills, credit card payment records, and other evidence of your damages and your right to claim compensation.

Most birth defects are identified before the infant is born or shortly thereafter and can be corrected through surgery. Some may be permanent, affecting the individual throughout his or her life and leading to severe disabilities and limitations. A birth defect lawyer who is experienced and sympathetic can help families receive the justice they deserve. If you suspect your child was born with an anomaly in the birth, it's important to file a claim before the statute of limitations runs out.

Environmental Exposure

Birth problems can be caused by a variety of environmental factors. They can be caused by prescription or over-the counter medications to exposure to chemicals at the workplace or in homes. These causes can be difficult to identify. But when too many babies with the same defect are born during the same time frame and location, this is known as a birth defect "cluster".

A medical malpractice attorney should be consulted if there is a suspected cause of an anomaly in the birth or birth injury. A compassionate and knowledgeable medical malpractice lawyer can help families get the compensation they are entitled to, so that their child's birth defect or birth injury won't have lifelong negative effects.

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

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