The 10 Scariest Things About Birth Defect Law

Why You Should Hire a Birth Defect Legal Team

Finding out that your child is suffering from an abnormal birth defect is one of the most terrifying and confusing situations you'll endure. It's crucial to reach out to an experienced birth defect legal team as soon as possible.

A lawyer can explain the causes of a birth defect as well as how to file a lawsuit to obtain damages for your child.

Causes of birth defect law firms Defects

Birth defects are structural problems that affect the way the body looks and functions. They can happen at any stage of pregnancy, but most occur in the first three month. Some are visible, while others can be detected only by a doctor. They can vary in severity from mild to severe.

Genetic abnormalities are responsible for most birth defect lawsuit problems. These occur when the gene is altered (mutated) or absent. Most genes are passed from parents to children, but some originate from the environment. The environmental factors include drinking alcohol, smoking cigarettes or taking certain medications during pregnancy. Exposure to harmful chemical substances can increase the risk for a birth defect.

Some birth defects can be treated, however most aren't. These can include surgery, medications and home care. Certain birth defects, such as Cleft lip and the palate and spina bifida can be fixed with surgery. Medical treatments can be used to treat other problems, like Tay-Sachs and patent duodenal artery.

Women who drink alcohol, smoke or both during pregnancy have a higher risk of having children born with birth defects. Women who have an ancestral history of birth defect are at higher risk of having a child with a birth defect as well. It is important to discuss with a physician about your chance of having a baby with a birth defect.

Medical Malpractice

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

For example, a doctor could have misjudgedly prescribed medication to the mother during pregnancy that heightened the chances of the child being born with a certain defect. If the child suffers from a severe mental disability because of the medication, they are eligible to receive government-funded benefits to help the child with their needs.

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

Midwives, medical facilities and health professionals are required to disclose and provide medical records related to birth defects. This information may also be used to identify patterns and clusters and possible causes. This information cannot be disclosed to the public or other individuals unless permitted by applicable laws and regulations, like HIPAA. These regulations can differ based on the jurisdiction. The information is only used for purposes that are approved by the state department of health. Every employee involved in the birth defect surveillance program must sign a confidentiality agreement and undergo training on how to handle confidential information.

Prescription Drugs

Amniocentesis as well as prenatal ultrasounds and blood tests are able to determine the possibility of certain birth deformities before the child is even born. These more thorough screening methods are offered to women with higher-risk pregnancy due to the mother's history or her age at which she became a mother.

A number of over-the-counter and birth defect prescription medications can have severe adverse effects when used by women who are pregnant. Pharmaceutical companies and those who prescribe these medications have obligations to inform physicians of the potential risks and, if they fail to do so, they could be held accountable for birth injuries.

As a result of birth defects Due to birth defects, medical, hospital and pharmaceutical expenses can quickly mount up, especially when the defect is serious and requires a lifetime of treatment. It is crucial to keep all receipts and bills as well as credit card statements, and other documentation that demonstrates your damage and entitlement to compensation.

The majority of birth defects are detected before the infant is born or shortly thereafter and are able to be corrected with surgery. Certain birth defects are permanent and can affect the affected person for the rest of their life that can result in significant disabilities and limitations. A birth defect lawyer who is knowledgeable and compassionate can help families get the justice they deserve. If you suspect your child was born with a birth defect, it's important to make a claim before the statute of limitations expires.

Environmental Exposure

There are a myriad of environmental causes of birth defects. These include prescription or over-the counter drugs, as well as chemical exposure at workplace or at home. These causes are often difficult to pinpoint. However, when a large number of babies with the same defect are born within the same time and location, this is called a birth defect "cluster".

A medical malpractice attorney should be sought out if there is any suspicion of a cause of birth defect or injury. A knowledgeable and sympathetic medical malpractice lawyer can help families receive the settlement they're entitled to so that their child's birth defect or birth injury will not have lasting negative effects.

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

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