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 an abnormal birth defect lawyers defect is among the most frightening and confusing situations you'll face. Contacting a birth defect legal team who has experience is crucial to do so as soon as you can.

A lawyer can explain the cause 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 the way the body looks and functions. They can occur at any point during pregnancy, however they tend to happen in the first three months. Some are obvious, while others can only be identified by a healthcare professional. They vary in severity from mild to severe.

Most birth problems result from genetic disorders. These are caused by a gene is altered (mutated) or absent. Some genes are inherited from parents, while others come from the environment. Environmental factors include smoking, drinking during pregnancy or taking certain medications. Exposure to harmful chemical substances can also increase the risk for a birth defect.

Certain birth defects can be treated but most cannot. These include surgery, medicines and special home care. Certain birth defects, such as Cleft lip and Birth defect palate, as well as spina bifida can be fixed by surgery. Medical treatments can be used to treat other problems, like Tay-Sachs as well as patent ductus.

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

Medical Malpractice

In many cases birth defects result from medical negligence during pregnancy or during delivery. A New York birth defects lawyer can assist parents in filing an action for malpractice against the medical doctor or other professionals responsible for the child's condition.

For instance, a physician might have prescribed a medication to the mother during her pregnancy, which increased the risk of the child being born with a particular defect. If the child is suffering from a severe mental disability due to the medication, they can receive government benefits to help them with their needs.

The medical professional or hospital could have failed to detect a birth defect that was known to the mother during the fetal screening. If the doctor failed to conduct a test or discuss the results with parents, he may be held liable for untrue claims.

Health professionals, medical facilities and midwives are required to report and disclose medical records relating to birth defects. The information is used for monitoring birth defects actions and to determine trends, clusters, and possible causes. This information cannot be disclosed to the general public or other individuals, unless it is permitted by applicable laws and regulations, such as HIPAA. These regulations may differ based on the jurisdiction. The information is used only for purposes approved by the department of health for the state. In addition, all employees involved in birth defects surveillance must sign confidentiality agreements and be instructed 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 through prenatal ultrasounds and amniocentesis, and blood tests (obtaining a sample of amniotic fluid of the fetus). These more thorough screening options can be provided to women who are at a higher risk of pregnancy due to the history of the mother or her advancing age.

A variety of prescription and birth defect over-the counter medications can trigger serious adverse effects in pregnant women. The pharmaceutical manufacturers and those who prescribe these drugs are required to inform doctors of the risks. If they fail to do so, they may be held accountable for birth injuries.

Due to birth defects due to birth defects, medical, hospital and pharmaceutical costs can quickly add up, especially in cases where the defect is significant and requires lifelong treatment. It is important to collect any and all bills, receipts and credit card payment records, and other evidence of your losses and rights to claim compensation.

Some birth defects can be corrected with surgery. Certain birth defects are permanent and affect the person for the rest of their life that can result in significant limitations and disabilities. A birth defect lawyer who is experienced and compassionate can help families get the settlement they deserve. If you suspect your child was born with an anomaly in the birth it is important to submit a claim before the statute of limitations runs out.

Environmental Exposure

There are a myriad of environmental causes of birth defect law firms defects. These can range from prescription or over-the-counter drugs to exposure to chemicals in the workplace or in the home. Sometimes, these causes are difficult to identify. If a large number of babies are born with the same problem in a certain time period or area, it is known as a "cluster".

A medical malpractice lawyer is recommended if 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 compensation they deserve so that their child’s birth defect or injury won't result in permanent negative consequences.

Many states have laws that require the recording of birth defect. This includes the collection of data from the hospital discharge records. The data can be used to detect patterns and anomalies.

This information is able to be gathered and shared with different programs, including: