Why You Should Hire a Birth Defect Legal Team
Discovering that your child has a birth defect is one of the most frightening and confusing experiences you can face. It is crucial to contact an experienced legal team as soon as you can.
A lawyer can explain the cause of a birth defect and how to file a lawsuit to recover damages for your child.
Causes of Birth Defects
Birth defects are structural issues which affect the way that the body appears or functions. They can happen at any time during pregnancy, but they typically occur within the first three month. Some are visible, and others are only detected by a doctor. They can vary in severity from mild to severe.
Most birth problems are caused by genetic anomalies. These are caused by the gene is altered (mutated) or is missing. Some genes are inherited from parents, while others originate from the environment. Environmental factors can include drinking alcohol, smoking or taking certain medications during pregnancy. Exposure to harmful chemicals could increase the risk of having a birth defect.
There is no cure for the majority of birth defects, however there are treatments available to aid with certain problems. Some of the treatments are surgery, medicine and special home care. Surgery can correct certain birth defects, including lip and palate clefts and spina-bifida. Other problems, such as Tay-Sachs's syndrome, can be treated with medications.
Women who drink alcohol or smoke during pregnancy are at a greater chance of having a baby with a
birth defect. Women who have a history birth defects in their families are also at risk. It is essential to speak with a physician 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 during delivery. A New York birth defect lawyer will assist parents in filing a malpractice suit against the doctor responsible for causing the child's condition.
A doctor might have negligently prescribed medication to the mother, which increased the chances of the child developing a specific defect. If the child is suffering from an extreme mental impairment due to the medication, they can receive government-funded benefits to help the child with their needs.
A medical professional or hospital could be unable to recognize an existing birth defect in the mother's uterus when the fetal screening was conducted. If the doctor didn't conduct the test or discuss the results with parents, they could be liable for
birth defect wrongful birth claims.
Medical facilities, health professionals and midwives are required reveal and report medical records relating to birth defects. The information is used for birth defects surveillance actions and to determine patterns, clusters and potential causes. The information cannot be disclosed to other individuals or the general public unless it is permitted by applicable laws, regulations and HIPAA. These regulations can differ by region. The information is only used for authorized purposes by the department of state. In addition the employees who are involved in the monitoring of birth defects must sign confidentiality agreements and receive training on how to handle confidential information.
Prescription Drugs
The risks of certain birth defects can easily be detected before the birth of a child via prenatal ultrasounds, amniocentesis, and blood tests (obtaining the sample of amniotic fluid of the fetus). These more detailed screening methods are offered to women who are at greater risk of having a pregnancies due to the history of the mother or her mother's age.
Many prescription or over-thecounter medicines can cause serious side effects in pregnant women. Pharmaceutical manufacturers and those who prescribe these medications have a duty to warn physicians about the risks and if they fail to do so, they can be held responsible for any resulting birth injuries.
Hospital, medical and pharmaceutical expenses can pile quickly as a result of a
birth defect, especially severe ones that require continuous treatment and care. It is essential to gather all receipts or bills and credit card records and other documentation that proves your losses and your right to compensation.
Some birth defects can be corrected with surgery. Some
birth defects are permanent and affect the person for the rest their lives which can cause severe disabilities and limitations. A birth defect lawyer who is experienced and compassionate can assist families get the settlement they deserve. If you suspect that your child was born with a birth defect it is crucial to start a claim prior to the statute of limitations runs out.
Environmental Exposure
There are many environmental causes of birth defects. They can be caused by prescription or
birth defect over-the-counter drugs to exposure to chemicals at the workplace or in the home. Sometimes these causes are hard to identify. When a lot of babies are born with the same condition in some time or location, it is called"cluster" "cluster".
A medical malpractice lawyer should be sought out if there is any suspicion of a cause of a birth defect or birth injury. A skilled and compassionate medical malpractice lawyer can help families attain the amount of compensation they are entitled to, so that the birth defect or birth injury won't have lasting negative effects.
Many states have laws that require the monitoring of birth defects. This includes the collection of information from hospital discharge records. The information is then used to find patterns, trends, and possible clusters.
This information can be collected and shared by various programs including: