The 10 Scariest Things About Birth Defect Law

Why You Should Hire a Birth Defect Legal Team

The discovery that your child is suffering from a birth defect is among the most frightening and confusing experiences you'll ever face. It's important to contact an experienced birth defect legal team as soon as you can.

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

Birth Defects and Causes

Birth defects are structural changes to the body that affect the way it appears or performs. They can occur at any time during pregnancy, but they typically occur within the first three months. Some are visible, while others are only detected by a medical professional. They vary in severity from mild to severe.

Most birth defects are caused by genetic anomalies. These occur when a gene alters (mutates) or is not present completely. The majority of genes are passed down from parents to children however, some are inherited from the environment. Some environmental triggers include smoking, drinking during pregnancy or taking certain medications. Exposure to harmful chemical substances can also increase the risk of developing a birth defect.

Certain birth defects can be treated, but most cannot. These include surgery, medications, and special home treatment. Surgery can correct some birth defects, such as the cleft palate and lips, as well as spina-bifida. Other problems, such as patent ductus arteriosus and Tay-Sachs's syndrome, can be treated with medication.

Women who drink alcohol or smoke during pregnancy are at greater risk chance of having a baby with birth defect. Women with a history of birth defects in their family are also at greater risk. It is essential to speak with a doctor about the possibility of having a child with birth defect.

Medical Malpractice

In many instances birth defects arise from medical negligence during pregnancy or during delivery. A New York birth defects lawyer can help parents file a malpractice lawsuit against the doctor or other medical professionals responsible for the child's condition.

For instance, a physician might have prescribed a medication to the mother during her pregnancy, birth defect which increased the risk of the baby being born with a specific defect. If the child is suffering from severe mental disabilities because of the medication, they could receive government benefits to help those with disabilities.

A medical professional or hospital might not have been able to spot an birth defect that was present in the mother when the fetal screening was conducted. If the doctor was unable to do the test or discuss the results with parents, they could be held liable for untrue claims.

Health professionals, medical facilities and midwives are required divulge and release medical records related to birth defects. The information is utilized for surveillance of birth defects activities as well as to detect patterns, clusters and possible causes. This information cannot be divulged to the public or any other individuals, unless it is permitted by applicable laws and regulations, like HIPAA. These regulations may vary by the jurisdiction. The information is only used for authorized purposes by the department of the state. In addition, all employees involved in the surveillance of birth defects must sign a confidentiality agreement and be educated on how to handle confidential information.

Prescription Drugs

Amniocentesis as well as prenatal ultrasounds and blood tests can identify the risk of certain birth defects prior to the baby is born. These more thorough screening methods are offered to women who are at a higher risk of pregnancy due to the mother's history or her mother's age.

A variety of over-the-counter as well as prescription medicines can cause serious side effects when taken by women who are pregnant. Pharmaceutical manufacturers and those prescribing these medications are required to warn doctors about the dangers. 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 costs can quickly add up, especially when the defect is serious and requires lifelong treatment. It is important to collect any and all receipts, bills, credit card payment records, and other evidence of your losses and rights to claim compensation.

The majority of birth defects are discovered before the baby is born or shortly after and can be fixed with surgery. Some birth defects are irreparable and affect the person for their entire lives leading to severe disabilities and limitations. A birth defect lawyer who is experienced and compassionate can assist families receive the compensation they deserve. If you suspect that your child was born with an anomaly in the birth, birth defect it's important to submit a claim before the statute of limitations expires.

Environmental Exposure

There are a variety of environmental causes of birth defects. These can include prescription or over the counter medications and chemical exposure at workplace or at home. Sometimes, the causes are difficult to identify. If a large number of babies are born with the same problem in the same time frame or the same location, it's called"cluster" "cluster".

A medical malpractice attorney is recommended if there is any suspicion of a cause of an anomaly in the birth or birth injury. A medical malpractice attorney who is knowledgeable and compassionate can help families receive the amount they are due so that their child’s birth defect lawsuit defect or injury will not be a permanent negative impact.

Many states have laws that require the monitoring of birth defects. This includes the recording of data from hospital discharge records. This information can be used to find anomalies, trends and potential clusters.

This information can be collected and shared with various programs including: