Birth Defects and Medical Malpractice

In the United States, a baby is born with a defect that occurs every four and a quarter minutes. These birth defects can have a lasting impact on the lives of those affected.

Different ways in which cases are identified and classified can result in the over- or under-ascertainment certain subtypes of birth defects. A well-designed surveillance system makes use of active case ascertainment (including medical record abstraction and clinical review) in addition to passive reporting.

Causes

If the baby is born with a defect or injury, it could have serious health consequences for the child's life. Birth defects are usually caused by an error in medicine or a medical error made by a doctor during pregnancy.

In some instances birth defects can be avoided through prenatal care and good nutrition. In some cases, birth defects can be caused by environmental factors like exposure to toxic chemicals or toxic substances. Birth defects can also be caused by complications that occur during pregnancy like the uterine limit, rupture of the amniotic sac, or the inability to supply oxygen to the fetus (also called anoxic brain injury).

Some birth defect attorneys defects are caused by genetic illnesses which run in families. They can be identified by the use of ultrasound or a blood test. Certain illnesses are treatable or preventable like PKU, sickle cell disease and cleft lip and cleft palate. Other birth defects have no known reason and are classified as congenital abnormalities or congenital disorders.

Women who are older than 30 and who belong to certain ethnicities are at an increased chance of having birth defects. Couples with the same genetic diseases may want to consult a genetic counsellor prior to trying to have a baby. This can help couples determine whether they'll need further tests. Newborn screening tests can identify certain conditions, like critical congenital heart defects and certain infections, which can be treated immediately.

Diagnosis

Birth defects are abnormal growths that could affect any part of the human body. They can alter the way organs function or the structure of the person. A healthcare provider can detect birth defects during pregnancy and after the baby is born or during the early years of childhood. Some birth defects are visible such as cleft lips and craniofacial anomalies or palates however others are more noticeable, like congenital heart disease and biliary atresia (an obstruction of the duct carrying the bile into the liver).

Many birth defects are diagnosed by newborn screening tests, which are designed to detect certain health problems. These include PKU, congenital hypothyroidism and sickle cell disease. Newborn screening is also used to detect genetic diseases like Down syndrome. Healthcare professionals can identify some birth defects through ultrasounds during pregnancy and blood tests, depending on the type of defect.

It may not always be possible to determine the cause of birth defects, but it is often associated with environmental factors. This could be due to exposure to prescription or over the counter drugs, chemical substances that pollute the air and water in communities, or complications that occur during pregnancy or birth. Sometimes, birth defects are caused by a doctor not taking the proper steps to prevent or treat a recognized medical problem. In these instances the possibility of a claim for medical malpractice might be filed.

Treatment

If a birth defect is identified, the options for treatment vary depending on the type and severity of the problem. Some birth defects can be corrected before the baby is born. Others may require surgery or medical intervention after the baby is born.

A majority of birth defects are chromosomal. resulting from missing or extra genes in a person's cells. These are typically passed down from parents. Structural birth defects include things like cleft lip, neural tube defects and heart issues. These birth defects are caused by problems with the baby's organ development particularly in the initial three month of pregnancy.

Screening tests for birth defects may be conducted during pregnancy, after a child is born or later in life when the first signs begin to appear. The tests can be carried out through ultrasounds or blood tests. One can also take an inherited test for birth defects to determine whether they are susceptible to a certain condition.

Preventing birth defects isn't always easy. Certain birth defects result from complications that arise during pregnancy, whereas other can be traced back to environmental factors. The use of tobacco, drugs or alcohol during pregnancy can lead to birth defects. Some birth defects are also related to chemicals that are present in the natural environment, including herbicides and pesticides such as Agent Orange used during the Vietnam War from 1962 to 1971.

Compensation

Despite recent advancements in medicine, birth defects and Birth defects injuries are still a devastating reality. Thankfully many birth defects are preventable. It is imperative to consult an experienced lawyer if you suspect that birth defects could be the result of the negligence of medical professionals. A compassionate and knowledgeable medical malpractice lawyer will help you understand your legal options and pursue compensation to help cover the costs of your family and losses.

Our team of highly skilled birth defect lawyers have years of experience handling cases of birth defects that are not correct. We are a firm that is plaintiffs-only and are proud of the level of service that we offer our clients. We will relieve you of the burden so that you can focus on your child, yourself and your family.

We can assist you in seeking compensation for any damages, including past and future medical costs, lost income, damages for Birth defects punitive in certain circumstances as well as emotional distress. Our lawyers will investigate the case and work diligently to ensure that your family gets the best possible outcome.

Drug manufacturers are expected to ensure that their products are tested thoroughly before putting them on market and to warn consumers about the possibility of adverse side effects. If your child's birth defects resulted from a drug, you may file a product-liability lawsuit with the help of a birth defect drug lawyer.