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Why You Should Hire a Birth Defect Legal Team
It can be a frightening and confusing process to discover that your child was born with a birth defect. It's important to contact an experienced legal team as soon as possible.
A lawyer can inform you the reasons for birth defects and the best way to file a suit in order to get compensation on behalf of your child.
Causes of Birth Defects
Birth defects are structural changes in the body that affect how it looks or functions. They can happen at any point during pregnancy, but most occur during the first three months. Some are obvious, while others are detected only by a medical professional. They can vary in severity from mild to severe.
Genetic defects are the reason for most birth defects. They happen when a particular gene is altered (mutates) or disappears completely. Most genes are passed from parents to children however, some are inherited from the environment. Environmental factors can include drinking alcohol, smoking cigarettes or taking certain medications during pregnancy. Exposure to harmful chemicals can increase the risk of having a birth defect.
Certain birth defects can be treated but most cannot. This can include surgery, medications and home care. Some birth defects, like cleft lip and palate and spina bifida, are treated with surgery. Other problems, such as patent ductus arteriosus and Tay-Sachs ' disease, can be treated with medication.
Women who smoke, drink alcohol or both during pregnancy have the highest chance of having children born with birth defects. Women with a family history of a birth defect are at a greater risk as well. It is essential to discuss with your doctor the possibility of having a child with a birth defect.
Medical Malpractice
In many cases, birth defects are the result of medical negligence during pregnancy or delivery. A New York birth defects lawyer can help parents file a malpractice lawsuit against the doctor or other medical professionals who caused the child's condition.
For instance, a medical professional might have erroneously prescribed medication to the mother during pregnancy that heightened the chances of the baby being born with a certain defect. If the child suffers from severe mental disabilities due to the medication, they could receive government benefits to help with their needs.
The medical professional or hospital also might not have been able to spot an identifiable birth defect in the mother during fetal screening. If the doctor failed to do the test or discuss the results with parents, they could be held accountable for wrongful claims.
Midwives, medical facilities and health professionals are required to disclose and report medical records relating to birth defects. This information can also be used to determine patterns and clusters, and possible causes. This information cannot be divulged to the public or any other individuals unless allowed by applicable laws and regulations, including HIPAA. These regulations could differ based on region. The information is only used for authorized purposes by the department of state. All employees participating in the birth defect surveillance program must also sign confidentiality agreements and receive instruction on how to handle confidential information.
Prescription Drugs
The danger of certain birth defects can be identified prior to the birth of a baby through prenatal ultrasounds, amniocentesis and blood tests (obtaining samples of amniotic fluid of the fetus). Women who have higher risk of pregnancies could be given these more thorough screening options due to the family history or maternal age.
A variety of prescription and over-the counter medications can cause serious side effects in pregnant women. Pharmaceutical companies and those who prescribe these medications have the obligation to inform doctors about the risks and if they fail to do so, they can be held accountable for the resulting birth injuries.
Due to birth defects Due to birth defects, medical, hospital and pharmaceutical charges are often a quick way to accumulate particularly when the defect is severe and requires ongoing treatment. It is essential to gather all receipts or bills as well as credit card statements, and other documentation that demonstrates your injuries and rights to compensation.
Some birth defects can be corrected through surgery. Certain birth defects are permanent and may affect the affected person for the rest of their lives leading to significant limitations and disabilities. A skilled, compassionate birth defect lawyer can help families get the amount of compensation they deserve. You should begin a claim as quickly you discover that your child is suffering from an anomaly in their birth.
Environmental Exposure
Birth problems can be caused by a variety of environmental factors. They can be caused by prescription or over-the-counter medications as well as exposure to chemicals in the workplace or in homes. birth defect attorney springfield can be difficult to determine. But when too many babies with the same defect are born within the same time and location, this is known as a birth defects "cluster".
If there is any doubt that an injury or birth defect was caused by medical malpractice, a medical malpractice lawyer should be sought out. A medical malpractice lawyer who is experienced and compassionate can help families receive the justice they deserve, so that their child's birth defect or injury will not result in permanent negative consequences.
Many states have laws that require the tracking of birth defect. This includes the collection of data from the discharge record of a hospital. This information can be used to identify trends, anomalies and possible clusters.
This information can be collected and shared by various programs including:
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