10 Things We Are Hating About Birth Defect Law
Why You Should Hire a Birth Defect Legal Team
The discovery that your child is suffering from a birth defect is one of the most frightening and confusing experiences you'll ever be faced with. Contacting a birth defect legal team with experience is vital to do so as soon as you can.
A lawyer can explain the causes of a birth defect and how to file a lawsuit to claim damages for your child.
Causes of Birth Defects
Birth defects are structural modifications in the body that impact the way it appears or performs. They can occur at any time during pregnancy, however the majority occur in the first 3 months. Some are visible, while others can only be identified by a health professional. They can vary in severity, from mild to severe.
Genetic defects are the reason for most birth defects. These occur when an individual gene is altered (mutated) or is absent. Some genes are inherited from parents, but others are inherited from the environment. Environmental factors could include drinking alcohol, smoking cigarettes or taking certain medications during pregnancy. Exposure to harmful chemicals could also increase the risk of having a birth defect.
Some birth defects can be corrected, but the majority cannot. They can include surgery medicines, and special home care. Surgery can correct certain birth defects like cleft lips and palates and spina-bifida. Other issues, such as Tay-Sachs ' disease, can be treated with medication.
Women who drink alcohol, smoke or both during pregnancy have the highest chance of having children born with birth defects. Women who have a history birth defects in their family are also at a higher risk. It is crucial to discuss with your physician the possibility of having a child born with a birth deformity.
Medical Malpractice
In many instances, birth defects result from medical negligence during pregnancy or the birth. A New York birth defects lawyer can assist parents in filing an action for malpractice against the medical doctor or other experts who caused the child's condition.
A doctor may have mistakenly prescribed medication to the mother that increased the chances of the child developing a certain defect. If the child has a serious mental disorder due to the medication, they can be eligible for government disability benefits to assist with their needs.
A medical professional or hospital may not have been able to spot an existing birth defect in the mother when fetal screening was performed. If the doctor was unable to carry out the tests or discuss the results with parents, they could be held accountable for wrongful claims.
Health professionals, medical facilities and midwives are required reveal and report medical records relating to birth defects. The information is utilized for surveillance of birth defects activities, as well as to identify patterns, clusters and potential causes. This information is not to be disclosed to other individuals 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 department of health of the state. All employees involved in the program to monitor birth defects must sign a confidentiality contract and undergo instruction on how to handle confidential information.
Prescription Drugs
Amniocentesis, ultrasounds for prenatal birth and blood tests can identify the risk of certain birth defects before the baby is born. Women with higher risk pregnancies might be offered more in-depth screening options due to the family history or maternal age.
A variety of over-the-counter as well as prescription drugs can cause serious side effects when taken by pregnant women. Pharmaceutical manufacturers and those who prescribe these medications are under the obligation to inform doctors of the potential risks and, if they fail to take this step, they may be held accountable for the resulting birth injuries.
Medical, hospital and pharmaceutical costs can add quickly because of a birth defect, and especially serious ones that require lifetime treatment and care. It is crucial to keep track of any and all bills, receipts or credit card transaction records and other documentation of your losses and rights to compensation.
Certain birth defects can be corrected through surgery. Some birth defects are permanent and affect the person for the rest their lives which can cause significant limitations and disabilities. A compassionate, knowledgeable birth defect lawyer can assist families receive the compensation they deserve. You should begin a claim as quickly as you suspect that your child is suffering from a birth defect.
Environmental Exposure
There are a myriad of environmental causes of birth defects. birth defect law firm chico from prescription or over-the-counter medications to chemical exposure in the workplace or in the home. These causes are often difficult to identify. However, when a large number of babies with the same defect are born within an exact time frame and location, this is called a birth defect "cluster".
If there is any reason to believe that the birth injury or defect was the result of medical malpractice and a medical malpractice lawyer should be consulted. A medical malpractice lawyer who is knowledgeable and caring can help families get the justice they deserve, so that their child’s birth defect or injury doesn't cause permanent negative effects.
Many states have laws that require the monitoring of birth defects. This involves the collection of information from the discharge record of a hospital. The information can be used to find patterns and anomalies.
The information could be collected and shared with various programs including: