Finding out that your child is suffering from an abnormal birth defect is one of the most frightening and confusing situations you'll confront. Contacting a birth defect legal team that has experience is essential to do so as soon as you can.
A lawyer can explain the cause of a birth defect as well as how to file a lawsuit to get compensation for your child.
Causes of Birth Defects
Birth defects are structural changes within the body that affect the way it appears or performs. They can happen at any point during pregnancy, but most occur in the first 3 month. Some are visible while others can only be identified by a doctor. They can vary in severity from mild to severe.
Genetic abnormalities are responsible for the majority of birth defects. These occur when a gene is altered (mutates) or is absent altogether. Some genes are inherited from parents, but others originate from the environment. The environmental factors include smoking, drinking alcohol or taking certain medications during pregnancy. Exposure to harmful chemicals could increase the risk of having a birth defect.
There is no cure to the majority of birth defects, but there are treatments available to aid in the treatment of certain issues. Some of these treatments include surgery, medicine and special home care. Certain birth defects, such as cleft lip and palate and spina bifida, can be fixed through surgery. Other issues, like patent ductus arteriosus and Birth Defect Legal Tay-Sachs ' disease, can be treated with medications.
Women who consume alcohol, smoke or both during pregnancy have the highest chance of having babies with birth defects. Women with 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 child born with a birth defect claim deformity.
Medical Malpractice
In many cases birth defects are caused by medical negligence during pregnancy and delivery. A New York birth defect lawyer can help parents file an action for malpractice against the doctor responsible for causing the child's condition.
A doctor may have negligently prescribed medication to the mother that increased the likelihood of the child developing a specific defect. If the child is suffering from a serious mental disorder due to that medication, the child could be eligible for disability benefits through the government to assist with their requirements.
The medical professional or hospital also might not have been able to spot a known birth defect in the mother during the fetal screening. If the doctor did not do the test or discuss the results with parents, they could be held accountable for wrongful claims.
Health professionals, medical facilities and midwives are required to report and disclose medical records relating to birth defect litigation defects. This information can be used to detect patterns and clusters, and possible causes. The information will not be released to anyone else or the general public unless it is permitted by applicable laws, regulations and HIPAA. These regulations could differ based on region. The information is only used for purposes that are approved by the state department of health. In addition all employees who are involved in birth defects surveillance must sign confidentiality agreements and receive training on the appropriate handling of confidential information.
Prescription Drugs
Amniocentesis, prenatal ultrasounds and blood tests are able to determine the risk of certain birth deformities before a child is even born. These more detailed screening options can be provided to women who are at greater risk of having a pregnancies due to the mother's history or her advanced maternal age.
Many prescription or over-thecounter medicines can cause serious side effects in pregnant women. The pharmaceutical manufacturers and those who prescribe these medications are obliged to inform doctors of the risks. If they fail to comply with this, they may be held accountable for birth injuries.
Due to birth defects Due to birth defects, medical, hospital and pharmaceutical charges can quickly accumulate, especially in cases where the defect is significant and requires lifelong treatment. It's important to gather all bills, receipts and credit card payment documents and other documentation of your losses and rights to compensation.
Certain birth defects can be corrected by surgery. Some birth defects are permanent and may affect the affected person for the rest of their lives which can cause severe disabilities and limitations. A birth defect lawyer who is experienced and compassionate can assist families get the compensation they deserve. You should start a claim as soon when you suspect your child has an anomaly in their birth defect law.
Environmental Exposure
There are a myriad of environmental causes of birth defects. These include prescription or over-the counter drugs and chemical exposure at workplace or at home. Sometimes, the cause is difficult to determine. If a large number of children with the same defect are born in the same time frame and location, this is known as a birth defects "cluster".
A medical malpractice lawyer is recommended if there is a suspicion of an anomaly in the birth or birth injury. A medical malpractice lawyer who is skilled and compassionate will assist families to receive the amount they are due so that their child’s birth defect or injury doesn't have lifelong negative consequences.
Many states have laws that require tracking of birth defect. This includes the collection of information from the hospital discharge records. This information can be used to detect anomalies, trends and potential clusters.
This information is able to be gathered and shared through different programs, including:
