Birth Defect Law Explained In Fewer Than 140 Characters

Why You Should Hire a Birth Defect Legal Team

It can be a frightening and confusing process to discover that your child was born with a birth defect. Contacting a legal team for birth defects that has experience is essential in the earliest time possible.

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

Causes of Birth Defects

Birth defects are structural issues that alter the way the body looks and functions. They can happen at any time during pregnancy, but the majority occur in the first 3 months. Some are visible, whereas others can only be identified by a health care provider. They vary in severity from mild to severe.

Genetic problems are the cause of the majority of birth problems. These occur when a gene changes (mutates) or is not present completely. The majority of genes are passed on from parents to children, however, some are inherited from the environment. Environment-related factors include drinking alcohol, smoking or taking certain medications during pregnancy. Exposure to harmful chemicals can also increase the risk of developing a birth defect.

There is no cure for most birth defects, but there are treatments that can aid with certain problems. These include surgery, medicines and special home care. Certain birth defects, such as cleft lip and palate and spina bifida, are repaired by surgery. Medicines can be used to treat other problems, like Tay-Sachs or patent ductus artery.

Women who drink alcohol, smoke cigarettes or both during pregnancy are at a higher risk of having babies with birth defects. Women who have a history birth defects in their families are also at a higher risk. It is crucial to speak with a physician about your chances of having a child with a birth defect.

Medical Malpractice

In many instances birth defects result from medical negligence during pregnancy or during delivery. A New York birth defects lawyer can assist parents in filing a malpractice lawsuit against the doctor or other medical professionals that caused the child's condition.

A doctor may have mistakenly prescribed medication during pregnancy to the mother that increased the risk of the baby having a certain defect. If the child has severe mental disabilities due to the medication, they may receive government benefits to help them with their needs.

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

Health professionals, medical facilities and midwives are required report and disclose medical records relating to birth defects. This information can be used for birth defects surveillance actions and to determine trends, clusters and possible causes. The information is not available to the public or other individuals unless allowed by applicable laws and regulations, such as HIPAA. These regulations may vary by region. The information is only used for purposes that are approved by the state department of health. In addition the employees involved in birth defects surveillance must sign confidentiality agreements and be trained on how to handle confidential information.

Prescription Drugs

The risk of certain birth defects can easily be detected prior to the birth of a baby through prenatal ultrasounds, amniocentesis and blood tests (obtaining samples of amniotic fluid from the fetus). Women with higher-risk pregnancies may be offered these more in-depth screening options due to an extended family history or maternal age.

Several over-the-counter or Birth defects prescription medications can cause serious side effects in pregnant women. Pharmaceutical companies and the doctors who prescribe these drugs have a duty to warn physicians of the dangers and, if they fail to comply, they could be held accountable for birth injuries.

Medical, hospital and pharmaceutical expenses can pile quickly because of birth defects, particularly those that are severe and require ongoing treatment and care. It is important to collect all receipts, bills, credit card records, and other evidence that proves your losses and your right to compensation.

Most birth defects are diagnosed before the infant is born or shortly after, and some can be fixed with surgery. Some birth defects are permanent and may affect the affected person for the rest of their lives, causing significant limitations and disabilities. A birth defect lawyer who is experienced and compassionate can assist families receive the settlement they deserve. If you suspect that your child was born with a birth defect it is crucial to file a claim before the statute of limitations runs out.

Environmental Exposure

There are many environmental causes of birth defects. These range from prescription or over the counter drugs to exposure to chemicals at the workplace or in homes. Sometimes these causes are hard to pinpoint. However, when a large number of babies with the same defect are born within a specific time period and place, it is known as a birth defects "cluster".

A medical malpractice lawyer should be sought out if there is suspicion of birth defect or injury. A medical malpractice lawyer who is knowledgeable and caring will assist families to receive the amount they are due so that their child's birth defect or injury will not be a permanent negative impact.

A number of states have laws that require the recording of birth defects. This includes the recording of data from hospital discharge records. The information can be used to detect anomalies and trends.

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