A Provocative Rant About Birth Defect Law

Why You Should Hire a Birth Defect Legal Team

Discovering that your child is suffering from an abnormal birth defect is one of the most frightening and confusing situations you could confront. 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 and how to file a lawsuit in order to obtain damages for your child.

Causes of Birth Defects

Birth defects are structural problems which affect the way that the body appears or functions. They can happen anytime during pregnancy, but the majority happen in the first three months. Some are visible, whereas others are only discovered by a medical professional. They can range in severity from mild to severe.

Most birth defects result from genetic disorders. These occur when a gene changes (mutates) or disappears altogether. Certain genes are passed down from parents, while others 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 having a birth defect.

Certain birth defects can be treated, but most cannot. They can include surgery medications, and special home treatment. Surgery can correct certain birth defects such as the cleft palate and lips, as well as spina-bifida. Other issues, such Tay-Sachs ' disease, can be treated with medication.

Women who drink alcohol or smoke during pregnancy are at greater risk chance of having a baby with a birth defect. Women who have a history of birth defects in their families are also at greater risk. It is crucial to discuss with your physician the possibility of having a baby with a birth deformity.

Medical Malpractice

In many instances, birth defects result from medical negligence during pregnancy or the birth. A New York birth defects lawyer can help parents file a malpractice lawsuit against the medical doctor or other experts who caused the child's condition.

For example, a doctor might have erroneously prescribed medication to the mother during pregnancy that increased the chance of the baby being born with a particular defect. If the child has a severe mental impairment due to the medication, they may receive government-funded benefits to help those with disabilities.

A medical professional or a hospital could not have been able to spot an birth defect that was present during the fetal screening was conducted. If the doctor didn't conduct tests or discuss the results with the parents they could be liable for wrongful birth claims.

Medical facilities, midwives and health professionals are required to divulge and provide medical records related to birth defects. This information may 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 permitted by applicable laws, regulations, and HIPAA. These regulations may differ according to jurisdiction. The information is only used for purposes that are approved by the department of health in the state. Every employee involved in the birth defect surveillance program must sign a confidentiality contract and receive instruction on how to handle confidential information.

Prescription Drugs

The risk of certain birth defect law firms defects can be assessed prior to the birth of a baby by prenatal ultrasounds, amniocentesis, and blood tests (obtaining samples of amniotic fluid from the fetus). Women who have higher risk of pregnancies could be given these more thorough screening options due to a family history or advanced maternal age.

A variety of over-the-counter as well as prescription medications can have severe adverse effects when used by women who are pregnant. Pharmaceutical manufacturers and those who prescribe these medicines have the obligation to inform doctors of the dangers and, if they fail to take this step, they may be held liable for resulting birth injuries.

As a result of birth defects as a result of birth defects, medical, hospital and pharmaceutical bills can quickly mount up, especially when the defect is severe and requires lifelong treatment. It is essential to keep all receipts, bills and credit card payment records, and other documentation regarding your damages and right to claim compensation.

The majority of birth defects are detected prior to the birth of the baby or shortly thereafter, and some can be fixed with surgery. Some may be permanent, affecting the affected person for the rest of his or her life, causing limitations and disabilities. A knowledgeable, empathetic birth defect lawyer can assist families receive the proper compensation they are entitled to. If you suspect your child was born with a birth defect, it's important to file a claim before the statute of limitations expires.

Environmental Exposure

There are a myriad of environmental causes of birth defects. These can include prescription or over-the-counter drugs as well as exposure to chemicals at work or at home. Sometimes, the cause is difficult to determine. When too many babies are born with the same condition in a certain time period or place, it is referred to as a "cluster".

A medical malpractice lawyer should be consulted if there is any suspicion of a cause of an anomaly in the birth or birth injury. A medical malpractice attorney who is skilled and compassionate will assist families to receive 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 defect. This involves the collection of information from the hospital discharge records. The data can be used to detect anomalies and trends.

This information is able to be gathered and shared by various programs, such as: