Why You Should Hire a Birth Defect Legal Team
It can be a frightening and confusing experience to learn that your child was born with a birth defect. It is essential to speak with an experienced legal team as soon as you can.
A lawyer can help you understand the causes of a birth defect as well as how to file a lawsuit to obtain damages for your child.
The causes of birth defects
Birth defects are structural issues that affect the way the body appears or functions. They can happen at any point during pregnancy, however the majority occur within the first three month. Some are visible, whereas others can only be detected by a medical professional. They vary in severity from mild to severe.
Genetic abnormalities are responsible for most birth problems. These are caused when the gene is altered (mutated) or is missing. The majority of genes are passed down from parents to children but some come from the environment. Environment-related factors include drinking alcohol, smoking cigarettes, or taking certain medications during pregnancy. Exposure to harmful chemicals can increase the risk of developing a birth defect.
Certain birth defects can be corrected, however, the majority of birth defect law firm defects cannot be treated. This can include surgery, medicines and special home care. Some birth defects, like Cleft lip and palate, as well as spina bifida, are repaired with surgery. Other issues, such as patent ductus arteriosus and Tay-Sachs disease, can be treated with medicines.
Women who smoke or drink alcohol during pregnancy are at greater risk chance of having a child with a birth defect. Women who have a family history of a birth defect are at greater risk as well. It is important to talk with a physician about your possibility of having a child with birth defect.
Medical Malpractice
In many cases, a birth defect results from medical negligence during pregnancy or the birth. A New York birth defect lawyer will assist parents in filing a malpractice lawsuit against the doctor who caused the child’s condition.
A doctor may have mistakenly prescribed medication during pregnancy to the mother, which increased the risk of the baby developing a particular defect. If the child has a serious mental disorder because of that medication, the child could be eligible for disability benefits through the government to help meet their needs.
The medical professional or hospital might not have been able to spot a known birth defect in the mother during the fetal screening. If the doctor did not perform testing 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 medical records that relate to birth defects. The information is used for birth defects surveillance actions and to determine patterns, clusters and potential causes. This information should not be disclosed to other individuals or to the general public unless it is allowed by applicable laws, regulations, and HIPAA. These regulations can vary depending on the area of. The information is used only for purposes approved by the department of health for the state. In addition all employees involved in the surveillance of birth defects must sign a confidentiality agreement and be trained on how to handle confidential information.
Prescription Drugs
Amniocentesis, ultrasounds for prenatal birth and blood tests can help determine the risk of birth defects before the baby is born. Women with higher-risk pregnancies may be given these more thorough screening options due to an ancestral history or advanced maternal age.
Many over-the counter and prescription medications can have severe side effects when taken by pregnant women. Pharmaceutical companies and those who prescribe these medications have the obligation to inform doctors of the risks, and when they fail to take this step, they may be held liable for resulting birth injuries.
Due to birth defects as a result of birth defects, medical, hospital and pharmaceutical costs can quickly add up particularly in cases where the defect is significant and requires continuous treatment. It is essential to gather all receipts, bills, credit card records, and other evidence that proves your damages and right to compensation.
Most birth defects are diagnosed when the baby is born or shortly after, and some are able to be corrected with surgery. Others may remain forever, affecting the person for the rest of his or her lifetime and leading to significant disabilities and limitations. A birth defect lawyer who is knowledgeable and compassionate can help families get the justice they deserve. If you suspect that your child was born with an anomaly in the birth it is important to submit a claim before the statute of limitations expires.
Environmental Exposure
There are a myriad of environmental causes of birth defects. They can be caused by prescription or over-the-counter medications in addition to chemical exposure at workplace or at home. Sometimes these causes are hard to pinpoint. If a large number of babies are born with the same problem in a certain time period or place, it is referred to as a “cluster”.
A medical malpractice attorney should be consulted when there is a suspected cause of birth defect or wiki-ux.info injury. A skilled and compassionate medical malpractice lawyer can assist families attain the amount of compensation they are entitled to, so that the birth defect or birth injury doesn’t have lifelong negative effects.
A number of states have laws that require the monitoring of birth defects. This includes the capture of data from hospital discharge records. This information can be utilized to identify trends, anomalies and possible clusters.
This information is able to be gathered and shared through various programs, such as: