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Finding out that your child is suffering from an abnormal birth defect is among the most frightening and confusing experiences you can endure. Contacting a legal team for birth defects that has experience is essential immediately.
A lawyer can explain to you the causes of birth defects, and how to file a lawsuit to get compensation on behalf of your child.
Causes of Birth Defects
Birth defects are structural problems that affect how the body looks and functions. They can happen anytime during pregnancy, but most occur within the first three months. Some are obvious, while others are only detected by a medical professional. They vary in severity from mild to severe.
The majority of birth defects are caused by genetic abnormalities. These occur when an individual gene is altered (mutated) or is missing. Some genes are inherited from parents, while others are acquired from the environment. Some environmental triggers include smoking, drinking during pregnancy, or taking certain medications. Exposure to harmful chemicals may also increase the risk of a birth defect.
There is no cure to the majority of birth defects, but there are treatments available to aid with certain problems. This can include surgery, medications and home care. Certain birth defects, like Cleft lip and the palate and spina Bifida, can be corrected by surgery. Other issues, such as Tay-Sachs's disease, are treated using medications.
Women who drink alcohol, smoke or both during pregnancy have an increased risk of having children with birth defects. Women who have a history birth defects in their families are also at greater risk. It is essential to speak to a doctor regarding your risk of having a baby with birth defect.
Medical Malpractice
In many instances birth defects result from medical negligence during pregnancy or during delivery. A New York birth defects lawyer can assist parents in filing an action for malpractice against the medical doctor or other professionals that caused the child's condition.
For instance, a doctor may have negligently prescribed medication to the mother during her pregnancy, which increased the risk of the baby being born with a specific defect. If the child is suffering from a severe mental impairment because of the medication, they can receive government assistance to assist the child with their needs.
A medical professional or a hospital could also have failed to detect an existing birth defect in the mother when the fetal screening was conducted. If the doctor was unable to 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 reveal and report medical records related to birth defects. This information can be used for birth defects surveillance activities and to identify patterns, clusters and possible causes. This information should not be made available to the public or other individuals, unless it is permitted by applicable laws and regulations, including HIPAA. These regulations can differ based on the jurisdiction. The information is only used for purposes approved by the state department of health. In addition all employees involved in birth defects surveillance must sign confidentiality agreements and receive training on the appropriate handling of confidential information.
Prescription Drugs
The risk of certain birth defects can be identified before the birth of a child via prenatal ultrasounds, amniocentesis or blood tests (obtaining an amniocentesis sample of the amniotic fluid in the fetus). These more thorough screening methods are offered to women at higher risk of becoming pregnant due to a history of the mother or her 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 drugs have a duty to warn physicians of the potential risks and, if they fail to do so, they can be held accountable for birth injuries.
Medical, hospital and pharmaceutical expenses can pile quickly because of birth defects, particularly those that are severe and require ongoing treatment and care. It is essential to keep all bills, receipts, credit card payment documents and other documentation of your losses and rights to claim compensation.
Most birth defects are diagnosed before the infant is born or shortly after, and some can be treated with surgery. Some birth defects are permanent and affect the person for their entire lives that can result in severe disabilities and limitations. A birth defect lawyer who is knowledgeable and understanding can help families get the justice they deserve. If you suspect your child was born with an anomaly in the birth it is crucial to start a claim prior to the statute of limitations runs out.
Environmental Exposure
There are numerous environmental causes of birth defects. This can include prescription or over the counter medications and chemical exposure at workplace or at home. These causes can be difficult to determine. However, when a large number of babies with the same defect are born in the same time frame and place, it is known as a birth defects "cluster".
If there is any reason to believe that an injury to a child's birth or defect was the result of medical malpractice, a medical malpractice lawyer should be consulted. A medical malpractice attorney who is knowledgeable and caring can help families receive the compensation they deserve so that their child's birth defect or injury will not be a permanent negative impact.
Many states have laws that require the recording of birth defects. This includes the collection of data from the hospital discharge records. This information can be used to find patterns, trends, and possible clusters.
This data can also be collected through other programs, including:
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