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Birth Defects and Medical Malpractice

Every four and a half minutes, one baby in the United States is born with an anomaly in the birth process. These defects can have a lifelong effect on the lives of those affected.

The way that cases are identified and classified can result in the over- or under-ascertainment certain subtypes of birth defects. A well-designed system can include active case ascertainment that includes medical record abstraction and a clinical review and passive reporting.

Causes

A baby born with injuries or defects could have long-term health consequences. Birth defects are often the result of an error in medicine or a doctor's negligence during pregnancy.

In some cases, birth defects can be avoided by prenatal care and the right nutrition. In some cases, birth defects can be caused through environmental factors like exposure to harmful chemicals or toxins. Birth defects may also be caused by complications that arise during pregnancy like constriction of the uterus, rupture of the amniotic sac or a lack of oxygen to the fetus (also called anoxic brain injury).

Some birth defects are caused by genetic disorders that are passed down through families. These can be diagnosed with the use of a blood test or an ultrasound. Certain of these ailments like PKU and sickle cell disease can be treated or prevented. Other birth defects have no origin and are referred to as congenital abnormalities or congenital disorders.

Women over 30 and of certain ethnicities have a higher risk of having certain birth defects. Couples who have a similar family history of genetic illness might want to consult an expert in genetics prior to trying to become pregnant. This will help couples determine whether they require further tests. Screening tests for newborn babies can detect certain conditions, like critical congenital heart defects and certain infections, which can be treated right away.

Diagnosis

Birth defects are abnormal growths that can affect any part of the human body. They can impact the way organs function or the structure of a person. A healthcare professional can identify birth defects during pregnancy as well as after the baby is born, or in early childhood. Some birth defects are visible, like cleft lips and craniofacial anomalies or palates while others are less evident, such as congenital heart disease and biliary atresia (an obstruction of the duct that carries the bile into the liver).

Many birth defects can be identified through newborn screening tests, which look for certain health issues. PKU and congenital hypothyroidism and sickle Cell Disease are among the conditions that can be identified through newborn screening tests. Newborn screening also looks for certain genetic illnesses such as Down syndrome. A healthcare provider can diagnose some birth defects through ultrasounds during pregnancy and blood tests, based on the type of defect.

It may not always be possible to determine the cause of birth defects, but it is typically attributed to environmental factors. This may include exposure to prescription and over-the-counter medications, chemical substances contaminating the air and water of communities or a problem during pregnancy or delivery. Sometimes, birth defects are the result of a doctor not taking appropriate steps to avoid or treat a medical problem. In these situations the possibility of a claim for medical malpractice could be filed.

Treatment

When a birth defect has been identified, the options for treatment differ based on the type and severity of the defect. Some defects can be addressed before the baby is born while others might require surgery or other medical interventions after the baby is born.

Many of the most common birth defects are chromosomal, caused by missing or extra genes in a person's cells. These are usually inherited from the parents. Structural birth defects include things like cleft lip, neural tube defects and heart problems. These defects are caused by problems with the organ development of the baby, particularly in the first three months of pregnancy.

Screening tests for birth defect lawsuit defects may be performed during pregnancy, after a baby is born, or later in life when the first signs begin to show. These tests can be done through ultrasounds or blood tests. A person can also have an inherited test for birth defects to determine if they are predisposed to a specific condition.

Preventing birth defects isn't always easy. Certain birth defects result from complications that arise during pregnancy, while other can be traced to environmental factors. The consumption of tobacco, drugs or alcohol during pregnancy could lead to birth defects. Some birth defects are also due to chemicals that can be found in the environment, such as 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 injuries are still a tragic reality. Fortunately many birth defects are preventable. It is essential to speak with an experienced lawyer if you suspect that birth defects could be the result of the negligence of medical professionals. A medical malpractice lawyer who is knowledgeable and compassionate can help you understand the legal options available to you and pursue compensation for your family's losses as well as expenses.

Our team of skilled birth defect lawyers has many years of experience handling cases of birth defects that are not correct. Our firm is a plaintiff-only law practice and we are proud on the high level of service we provide to our clients. We will take the burden off your shoulders so you can focus on your child and your family.

We can assist you in obtaining compensation for any damages, including future and past medical expenses and lost income, as well as punitive damages in certain instances and emotional stress. Our lawyers will investigate your case and then work to ensure the most favorable outcome for your family.

Drug manufacturers are expected to adequately test their products before releasing them on the market, and to inform consumers of potential side effects. However, if your child's birth defect was caused by a drug you may bring a lawsuit for product liability with the assistance of a birth defects drug lawyer.