The 10 Scariest Things About Birth Defect Law

Why You Should Hire a Birth Defect Legal Team

Discovering that your child is suffering from a birth defect is one of the most frightening and confusing situations you could be faced with. Contacting a legal team for birth defects that has experience is essential to do so as soon as you can.

A lawyer can explain the causes of a birth defect and 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 looks or functions. They can happen at any time during pregnancy, but the majority occur in the first 3 month. Some are visible, and others are only detected by a medical professional. They can vary in severity from mild to severe.

Genetic disorders are the cause of the majority of birth defects. They happen when a particular gene is altered (mutates) or disappears completely. The majority of genes are passed down from parents to children however some are passed down through the environment. Environmental factors include smoking, drinking during pregnancy, or taking certain medications. Exposure to harmful chemicals can also increase the risk for a birth defect.

There is no cure to the majority of birth defects, however there are treatments that can assist with certain problems. They can include surgery medications, and special home treatment. Surgery can fix birth defects, including cleft lips and palates and spina-bifida. Medicines can be used to treat other conditions, such as Tay-Sachs or patent ductus artery.

Women who drink alcohol, smoke cigarettes or both during pregnancy have the highest chance of having children born with birth defects. Women with a family history of birth defect are at a 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 birth defect.

Medical Malpractice

In many cases, birth defects can be caused by medical negligence during pregnancy and birth. A New York birth defect lawyer can help parents file a malpractice lawsuit against the doctor responsible for causing the child’s condition.

A doctor may have mistakenly prescribed medication during pregnancy to the mother that increased the chances of the child developing a certain defect. If the child suffers from a serious mental disorder due to that medication, the child could be eligible for disability benefits through the government to assist with their needs.

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

Medical facilities, health professionals and midwives are required to divulge and release medical records relating to birth defects. This information can also be used to detect patterns and clusters and possible causes. The information will not be released to anyone else or the public unless this is allowed by applicable laws, regulations or HIPAA. These regulations can differ by jurisdiction. The information is only used for authorized purposes by the department of the state. All employees who are part of the program to monitor birth defects must sign a confidentiality contract and receive training on how to handle confidential information.

Prescription Drugs

The risks of certain birth defects can be identified before a child is born through prenatal ultrasounds and amniocentesis, and blood tests (obtaining a sample of amniotic fluid from the fetus). Women with higher-risk pregnancies may be offered these more in-depth screening options due to a family history or advanced maternal age.

A variety of over-the-counter as well as prescription medicines can cause serious adverse effects when used by women who are pregnant. The pharmaceutical manufacturers and those who prescribe these medications are required to warn doctors of the risks. If they fail to do this they could be held responsible for birth injuries.

Due to birth defects, medical, hospital, and pharmaceutical bills can quickly add up, especially when the defect is severe and requires lifelong treatment. It is essential to gather all receipts and bills, credit card records, and other documentation that demonstrates your damage and entitlement to compensation.

The majority of birth defects are discovered when the baby is born or shortly thereafter and can be fixed with surgery. Some birth defects are irreparable and can affect the person for their entire lives that can result in severe disabilities and limitations. A birth defect lawyer who is knowledgeable and understanding can help families get the justice they deserve. If you suspect your child was born with a birth defect, it’s important to submit a claim before the statute of limitations expires.

Environmental Exposure

Birth defects can be caused by a variety of environmental factors. They can be caused by prescription or over-the counter medications to exposure to chemicals at the workplace or in homes. The causes may be difficult to identify. If a large number of babies are born with the same defect within a certain time period or location, it is called a «cluster».

A medical malpractice lawyer should be consulted if there is suspicion of a birth defect or birth injury. A medical malpractice lawyer who is experienced and compassionate can assist families in obtaining the justice they deserve, so that their child’s birth defect or injury won’t result in permanent negative consequences.

A number of states have laws that require the tracking of birth defect law firms defects. This involves the collection of information from the hospital discharge records. The information can be used to identify patterns and anomalies.

This information can be collected and shared with different programs, including: