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 frightening and confusing experiences you'll ever be faced with. It is crucial to contact an experienced legal team as soon as possible.

A lawyer can inform you the reasons for birth defects and how to file a suit to seek damages on behalf your child.

Causes of Birth Defects

Birth defects are structural problems that affect how the body looks or works. They can happen at any time during pregnancy, but most occur within the first three months. Some are visible while others can only be identified by a medical professional. They can range in severity from mild to severe.

Genetic defects are the reason for the majority of birth defects. They occur when a gene alters (mutates) or is absent completely. Most genes are passed from parents to children, however some are passed down through the environment. Environmental factors can include drinking alcohol, smoking cigarettes or taking certain medications during pregnancy. Exposure to harmful chemicals may increase the risk of having a birth defect.

There is no cure for most birth defects, but there are treatments that can assist with certain problems. Some of these treatments include surgery, medicines, and home care that is specifically tailored to the patient. Certain birth defects, like Cleft lip and palate, as well as spina bifida, are fixed by surgery. Medical treatments can be used to treat other ailments, such as Tay-Sachs and patent duodenal artery.

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

Medical Malpractice

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

For instance, a physician might have prescribed a medication to the mother during her pregnancy that increased the likelihood of the child being born with a particular defect. If the child suffers from a serious mental disorder due to that medication, the child may receive government disability benefits to meet their needs.

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

Health professionals, medical facilities and midwives are required reveal and report medical records relating to birth defects. The information could also be used to determine trends and clusters, and possible causes. This information is not to be divulged to any other individual or the public unless it is permitted by applicable laws, regulations or HIPAA. These regulations could differ based on jurisdiction. The information is only used for approved purposes by the state department. In addition the employees involved in birth defects surveillance must sign confidentiality agreements and be instructed on the appropriate handling of confidential information.

Prescription Drugs

Amniocentesis, prenatal ultrasounds and blood tests are able to determine the risk of certain birth defects before the baby is born. These more specific screening options are available to women who are at greater risk of having a pregnancies due to an antecedent history with the mother or Birth Defect her advancing age.

Many over-the counter and prescription drugs can cause serious side effects when taken by pregnant women. The pharmaceutical manufacturers and those who prescribe these medications have an obligation to warn doctors of the risks. If they fail to comply with this they could be held accountable for birth injuries.

Hospital, medical and pharmaceutical charges can add quickly because of a birth defect, especially serious ones that require lifetime treatment and care. It is important to collect all receipts, bills, credit card records, and other documentation that demonstrates your damages and right to compensation.

Certain birth defects can be corrected by surgery. Others may remain forever, affecting the person throughout their life, causing disabilities and limitations. A compassionate, knowledgeable birth defect lawyer can help families receive the compensation they deserve. You must begin a claim as quickly when you suspect your child has an anomaly in their birth.

Environmental Exposure

Birth defects can be caused by various environmental causes. This can include prescription or over the counter medications as well as exposure to chemicals at work or at home. These causes are often difficult to identify. When a large number of infants are born with the same condition in some time or area, it is known as"cluster" "cluster".

If there is any reason to believe that an injury to a child's birth or defect was the result of medical malpractice or negligence, a medical malpractice lawyer should be consulted. A medical malpractice lawyer who is knowledgeable and caring can assist families in obtaining 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 monitoring of birth defects. This includes the collection of information from hospital discharge records. The information can be used to find anomalies and trends.

This information can be collected and shared by various programs, such as: