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What's Next In Birth Defect Law
Why You Should Hire a Birth Defect Legal Team

It can be a terrifying and confusing experience to learn that your child is born with a birth defect. It's important to contact an experienced birth defect legal team as soon as you can.

A lawyer can help you understand the causes of a birth defect and how to file a lawsuit to get compensation for your child.

Causes of Birth Defects

Birth defects are structural changes to the body that affect the way it appears or functions. They can happen at any time during pregnancy, but they typically occur in the first three months. Some are visible, while others are only detected by a health care provider. They can range in severity from mild to severe.

Most birth defects are caused by genetic anomalies. These occur when a gene is altered (mutated) or absent. Some genes are inherited from parents, but other genes are acquired from the environment. Environmental factors include smoking cigarettes, drinking during pregnancy or taking certain medications. Exposure to harmful chemical substances can increase the risk of developing a birth defect.

There is no cure for all birth defects, however there are treatments available to aid with certain problems. Some of these treatments include surgery medication, and specialized home care. Some birth defects, like Cleft lip and the palate and spina bifida, can be corrected by surgery. Other issues, like Tay-Sachs's syndrome, can be treated with medication.

Women who consume alcohol, smoke or both during pregnancy have a higher risk of having children born with birth defects. Women with a family history of a birth defect are at a higher risk, too. It is crucial to speak with a physician about your chances of having a child with birth defect.

Medical Malpractice

In many cases, birth defects result from medical negligence during pregnancy or birth. A New York birth defects lawyer can help parents file an action for malpractice against the doctor or other medical professionals that caused the child's condition.

A doctor may have negligently prescribed medication during pregnancy to the mother, which increased the chances of the child developing an inherited defect. If the child suffers from an extreme mental impairment due to that medication, the child may receive disability benefits from the government to meet their requirements.

A medical professional or hospital could also have missed a chance to identify an birth defect that was present in the mother's uterus when the fetal screening process was completed. If the doctor was unable to conduct a test or discuss the results with parents, they could be held responsible for wrongful claims.

Midwives, medical facilities, and health professionals are required to divulge and provide medical records related to birth defects. This information can be used for birth defects surveillance activities and to identify patterns, clusters and possible causes. The information is not available to the general public or to other people unless authorized by applicable laws and regulations, including HIPAA. These regulations can vary depending on the area of. The information is only used for purposes that are approved by the department of health in the state. Every employee involved in the program to monitor birth defects must also sign a confidentiality agreement and undergo training on how to handle confidential information.


birth defect attorneys fishers of birth defects can be detected prior to the birth of a baby by prenatal ultrasounds, amniocentesis, and blood tests (obtaining an amniocentesis sample of the amniotic fluid in the fetus). Women with higher-risk pregnancies can be given more detailed screening options due to the family history or maternal age.

Several over-the-counter or prescription medications can trigger serious adverse effects for pregnant women. The pharmaceutical companies and those who prescribe these medications have the obligation to inform doctors of the risks and if they fail to comply, they could be held accountable for birth injuries.

As a result of birth defects, medical, hospital, and pharmaceutical costs are often a quick way to accumulate particularly when the defect is severe and requires lifelong treatment. It is essential to keep all bills, receipts and credit card payment records and other documentation of your damages and right to claim compensation.

Most birth defects are identified before the infant is born or shortly thereafter, and some can be fixed with surgery. Certain birth defects are permanent and can affect the affected person for their entire lives leading to severe disabilities and limitations. A knowledgeable, empathetic birth defect lawyer can assist families get the proper compensation they are entitled to. If you suspect your child was born with a birth defect, it's important to submit a claim before the statute of limitations runs out.

Environmental Exposure

There are a variety of environmental causes of birth defects. They can be caused by prescription or over-the-counter drugs to exposure to chemicals in the workplace or in the home. The causes may be difficult to pinpoint. But when too many babies with the same defect are born within the same time frame and place, it is known as a birth defects "cluster".

If there's any suspicion that an injury or birth defect was the result of medical malpractice, a medical malpractice lawyer should be consulted. A compassionate and knowledgeable medical malpractice lawyer can help families obtain the compensation they are entitled to so that the birth defect or birth injury does not be a permanent negative impact.

Many states have laws requiring the recording of birth defects. This entails the recording of data from hospital discharge records. The data can be used to detect patterns and anomalies.

This information can also be collected through other programs, including:

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