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10 Things We All Hate About Birth Defect Law
Why You Should Hire a Birth Defect Legal Team

It can be a frightening and confusing moment to discover that your child was born with a birth defect. It's crucial to reach out to an experienced birth defect legal team as soon as you can.

A lawyer can inform you the reasons for birth defects and how to file a suit in order to claim damages on behalf of your child.

Causes of Birth Defects

Birth defects are structural modifications in the body that affect the way it appears or performs. They can occur at any time during pregnancy, however the majority occur in the first three month. Some are obvious, while others are detected only by a healthcare provider. They can range in severity from mild to severe.


Most birth problems are caused by genetic anomalies. They occur when a gene alters (mutates) or is missing altogether. Most genes are passed from parents to children, but some come from the environment. Environmental factors include smoking, drinking during pregnancy or taking certain medications. Exposure to harmful chemicals can also increase the risk of a birth defect.

Some birth defects can be treated but the majority cannot. Some of the treatments are surgery, medication, and specialized home care. Surgery can correct certain birth defects, such as lip and palate clefts and spina-bifida. Other issues, such as Tay-Sachs disease, can be treated with medication.

Women who drink alcohol or smoke during pregnancy are at a higher chance of having a child with a birth defect. Women who have a history of birth defects in their family are also at a higher risk. It is essential to discuss with your doctor the possibility of having a child with a birth deformity.

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In many cases, a birth defect results from medical negligence during pregnancy or during delivery. A New York birth defects lawyer can assist parents in filing a malpractice lawsuit against the medical doctor or other experts who caused the child's condition.

A doctor might have negligently prescribed medication during pregnancy to the mother, which increased the likelihood of the child developing a particular defect. If the child has a severe mental impairment due to the medication, they are eligible to 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 did not conduct a test or discuss the results with parents, he may be held liable for untrue claims.

Health professionals, medical facilities and midwives are required to reveal and report medical records relating to birth defects. The information is used to monitor birth defects activities as well as to detect trends, clusters, and possible causes. This information cannot be disclosed to the public or any other individuals, unless it is permitted by applicable laws and regulations, including HIPAA. These regulations could differ based on the jurisdiction. The information is only used for authorized purposes by the department of state. In addition, all employees involved in the surveillance of birth defects must sign confidentiality agreements and be instructed on how to handle confidential information.

Prescription Drugs

The possibility of birth defects can be detected prior to the birth of a child through prenatal ultrasounds and amniocentesis or blood tests (obtaining a sample of amniotic fluid from the fetus). These more detailed screening options are available to women who are at greater risk of having a pregnancies due to the history of the mother or her mother's age.

Several over-the-counter or prescription medications can cause serious side effects for pregnant women. Pharmaceutical companies and those who prescribe these drugs have an obligation to warn doctors of the risks, and when they fail to comply, they could be held responsible for any resulting birth injuries.

Hospital, medical and pharmaceutical costs can add quickly because of a birth defect, and especially serious ones that require lifetime treatment and treatment. It is important to collect all receipts and bills and credit card information, and other documentation that proves your damage and entitlement to compensation.

The majority of birth defects are discovered when the baby is born or shortly thereafter, and some are able to be corrected with surgery. Others could be permanent, affecting the individual throughout their life, causing limitations and disabilities. A birth defect lawyer who is experienced and understanding can help families receive the amount of compensation they are due. You should file a claim as soon as you suspect that your child is suffering from an abnormal birth.

Environmental Exposure

Birth problems can be caused by a variety of environmental factors. They can be caused by prescription or over-the-counter drugs as well as exposure to chemicals in the workplace or in the home. Sometimes these causes are hard to determine. When a large number of infants are born with the same problem in a certain time period or the same location, it's called a "cluster".

A medical malpractice attorney is recommended if there is a suspicion of birth defect or injury. A medical malpractice attorney who is skilled and compassionate can assist families in obtaining the compensation they deserve so that their child's birth defect or injury will not result in permanent negative consequences.

A number of states have laws that require the recording of birth defects. This includes the collection of data from hospital discharge records. The data can be used to identify anomalies and trends.

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