Why You Should Hire a Birth Defect Legal Team
Finding out that your child has an abnormal birth defect is one of the most terrifying and confusing experiences you can confront. It is essential to speak with an experienced legal team as soon as possible.
A lawyer can explain the cause of a birth defect as well as how to file a lawsuit to recover damages for your child.
Causes of Birth Defects
Birth defects are structural issues that alter the way the body appears or functions. They can occur at any stage of pregnancy, however the majority occur in the first 3 months. Some are obvious, while others are detected only by a medical professional. They can range in severity, from mild to severe.
The majority of birth defects are caused by genetic defects. They occur when the gene is altered (mutated) or missing. The majority of genes are passed down from parents to children but some originate from the environment. The environmental factors include smoking, drinking during pregnancy or taking certain medications. Exposure to harmful chemicals can also increase the risk of having a birth defect.
Some birth defects can be treated, however most aren't. Some of these treatments include surgery, medicine and special home care. Some birth defects, like Cleft lip and palate, as well as spina bifida, are treated by surgery. Other issues, such as Tay-Sachs disease, can be treated with medications.
Women who drink alcohol or smoke during pregnancy are at an increased chance of having a baby with a birth defect. Women who have 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 doctor about your possibility of having a child with a birth defect.
Medical Malpractice
In many instances birth defects result from medical negligence during pregnancy or delivery. A New York birth defects lawyer can help parents file an action for malpractice against the doctor or other medical experts who caused the child's condition.
For example, a doctor might have prescribed a medication to the mother during pregnancy that increased the likelihood of the baby being born with a specific defect. If the child is suffering from a serious mental disorder due to that medication, the child could receive government disability benefits to help meet their requirements.
A medical professional or a hospital could also have failed to detect an
birth defect that was present in the mother when the fetal screening process was completed. If the doctor was unable to do the test or discuss the results with parents, they could be held responsible for wrongful claims.
Health professionals, medical facilities and midwives are required divulge and release medical records relating to birth defects. This information can be used to monitor birth defects activities and to identify trends, clusters, and possible causes. This information should not be released to anyone else or the public unless it is permitted by applicable laws, regulations and HIPAA. These regulations may differ based on the jurisdiction. The information is only used for purposes approved by the state department of health. All employees participating in the birth defect surveillance program must also sign a confidentiality agreement and receive training on how to handle confidential information.
Prescription Drugs
Amniocentesis as well as prenatal ultrasounds and blood tests can reveal the possibility of birth defects before a child is even born. Women with higher risk pregnancies might be given more detailed screening options due to the family history or maternal age.
Many over-the counter and prescription medications can have severe adverse effects when used by women who are pregnant. The pharmaceutical companies and those who prescribe these medicines have the obligation to inform doctors of the risks and if they fail to do so, they could be held responsible for any resulting birth injuries.
As a result of birth defects due to birth defects, medical, hospital and pharmaceutical charges can quickly add up particularly if the defect is severe and requires continuous treatment. It's important to gather any and all bills, receipts and credit card payment records and other documentation of your losses and rights to claim compensation.
Certain birth defects can be corrected through surgery. Some birth defects are irreparable and may affect the affected person for the rest their lives leading to significant disabilities and limitations. A skilled, compassionate birth defect lawyer can help families get the proper compensation they are entitled to. You should make a claim as soon you realize that your child has a birth defect.
Environmental Exposure
There are many environmental causes of birth defects. These can range from prescription or over-the counter medications as well as exposure to chemicals in the workplace or at home. These causes can be difficult to pinpoint. When a large number of infants are born with the same defect within the same time frame or location, it is called"cluster" "cluster".
A medical malpractice lawyer should be sought out if there is suspicion of a
birth defect attorney defect or injury. A skilled and compassionate medical malpractice lawyer can help families attain the benefits they are entitled to so that their child's birth defect or birth injury doesn't be a permanent negative impact.
Many states have laws that require the monitoring of birth defects. This includes the recording of information from hospital discharge records. This information can be used to detect anomalies, trends and potential clusters.
This information can be gathered and shared with different programs like: