Michael H. Bereston, Inc.

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Phone: 410-793-4554

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Legal issues in birth defects

Birth defects, sadly, continue to occur despite the best efforts of modern medicine. Various estimates believe that 7 percent of all babies are born with birth defects, ranging from very minor to severe. Many birth defects are due to natural causes; this post will go over the legal issues surrounding birth defects.

Birth defects come in two types, those that result due to a natural cause, such as hereditary problems, and those due to external environmental effects. Environmental effects can vary from voluntary choices by the mother (drug use is common) and chemical agents. For example, doctors once prescribed Delalutin to prevent miscarriages, Bendectin to fight nausea, and Ortho-Gyno, a spermicide. All of these medications resulted in birth defects.

Furthermore, external environmental factors can also cause birth defects, such as exposure to lead or some other contaminant.

Most birth defects arise due to genetic issues. However, those that are caused by environmental factors that were outside the control of the mother (i.e. she relied on the expertise of a doctor or an unknown contaminant got her sick) could give rise to an actionable claim for compensation.

If you believe your child suffered a preventable birth defect or injury, then you may want to call a lawyer for assistance. A lawyer can go over the circumstances of your pregnancy and help you identify the cause of the defect and if your child can receive compensation for her injuries. Unfortunately, tracking the cause of birth defects is complicated, but a lawyer may be able to help.

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Michael H. Bereston, Inc.
138 Main Street, Suite 200
P.O. Box 2990
Annapolis, MD 21401

Maryland: 410-793-4554
Toll Free: 866-517-4037
Baltimore/Annapolis: 410-269-5011
DC: 202-628-2226
Fax: 410-269-5022

Annapolis Medical Malpractice Office

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