The 10 Most Scariest Things About Birth Defect Law

Why You Should Hire a Birth Defect Legal Team

Discovering that your child has an abnormal birth defect is among the most frightening and confusing experiences you can be faced with. 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 in order to claim damages for your child.

Causes of Birth Defects

Birth defects are structural changes that affect how the body looks or works. They can happen at any point during pregnancy, but the majority occur in the first three months. Some are obvious, while others can only be detected by a medical professional. They can vary in severity from mild to severe.

Genetic defects are the reason for the majority of birth problems. They occur when genes are altered (mutated) or is missing. Certain genes are passed down from parents, but other genes are inherited from the environment. Environmental factors include smoking, drinking during pregnancy, or taking certain medications. Exposure to harmful chemical substances can also increase the risk of having a birth defect.

There is no cure for most birth defects, but there are treatments available to assist with certain problems. Some of these treatments include surgery, medicine and special home care. Surgery can correct certain 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 medications.

Women who drink alcohol or smoke during pregnancy are at greater risk likelihood of having a child with a birth defect. Women who have a history of birth defects in their family are also at greater 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 are often caused by medical negligence during pregnancy and birth. A New York birth defect lawyer can assist parents to file an action for malpractice against the doctor who caused the child's condition.

A doctor could have mistakenly prescribed medication to the mother, which increased the chance of the baby developing a certain defect. If the child suffers from a serious mental disorder due to the medication, they can receive disability benefits from the government to meet their needs.

The medical professional or hospital also could have failed to detect a birth defect that was known to the mother during fetal screening. If the doctor did not do the testing or discuss the results with parents, they could be liable for claims based on wrongful birth.

Medical facilities, health professionals and midwives are required to report and disclose medical records related to birth defects. This information can be utilized for surveillance of birth defects activities and to identify trends, clusters, and birth possible causes. The information cannot be disclosed to other individuals or the public unless it is allowed by applicable laws, regulations and HIPAA. These regulations may differ according to jurisdiction. The information is only used for authorized purposes by the department of state. Every employee involved in the program to monitor birth defects must sign confidentiality agreements and undergo training on how to handle confidential information.

Prescription Drugs

The risks of certain birth defects can be assessed prior to the birth of a baby via prenatal ultrasounds, amniocentesis, and blood tests (obtaining an amniocentesis sample of the fetal amniotic fluid). These more specific screening options are available to women who are at a higher risk of pregnancy due to the history of the mother or her advanced maternal age.

Certain prescription or over-the-counter medications can trigger serious adverse effects for pregnant women. Pharmaceutical companies and those who prescribe these drugs have a duty to warn physicians of the dangers and, if they fail to do so, they could be held accountable for the resulting birth injuries.

Due to arab birth defect lawsuit defects Due to birth defects, medical, hospital and pharmaceutical bills can quickly accumulate particularly if the defect is severe and requires a lifetime of treatment. It is important to collect all receipts or bills, credit card records, and other evidence that proves your injuries and rights to compensation.

Certain birth defects can be corrected with surgery. Some may be permanent, affecting the affected individual throughout his or her lifetime and leading to significant limitations and disabilities. A knowledgeable, empathetic birth defect lawyer can help families get the proper compensation they are entitled to. If you suspect that your child was born with a birth defect, it's important to submit a claim before the statute of limitations runs out.

Environmental Exposure

Birth problems can be caused by several environmental causes. These can range from prescription or over the counter drugs as well as exposure to chemicals in the workplace or in the home. Sometimes, these causes are difficult to pinpoint. But when too many babies with the same defect are born during the same time frame and location, this is called a birth defect "cluster".

If there is any reason to believe that an injury to a child's birth or defect was caused by medical negligence, a medical malpractice lawyer should be consulted. A medical malpractice attorney who is skilled and compassionate can help families get the justice they deserve, so that their child’s birth defect or injury will not result in permanent negative consequences.

Many states have laws requiring the recording of birth defects. This includes the gathering of information from the discharge record of a hospital. This information can be utilized to identify patterns, anomalies, and clusters.

This information may also be gathered using other programs, including: