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Parents want their children to be perfect, but it's not always possible. When a baby is born with a birth defect parents must act quickly to ensure that their medical malpractice claim is filed within the required time frame.
Some birth defects can be genetic, while others might be caused by prescription medication or exposure to harmful substances. Take receipts, bills, credit card payments, and other documentation that will help your lawyer determine the amount of damages you are entitled to.
Medical Malpractice
Medical malpractice can lead to severe birth injuries that can alter the child's life forever. These medical mistakes should never be made, but if they happen families should be compensated for their loss. These damages can be used to cover past and future medical expenses as well as any emotional and physical pain caused by the injury.
Parents who believe they've experienced medical malpractice during or just after the birth of their child can file a lawsuit against the doctor or hospital responsible. To prove medical malpractice, a birth defect lawyer will work with expert experts to establish the standards of care that physicians must adhere to in their field. They must then prove that the doctor was not following the standard of care, and that this is what caused your injury.
There are two kinds of birth defects: congenital and acquired. Congenital birth defects are those that are present during the development of the womb, and are typically genetic. On the other hand, acquired birth defects occur in or shortly following the birth process and are typically caused by trauma or medical error. For instance, if an doctor fails to spot fetal discomfort or does not use forceps correctly, he may cause brain damage to the baby.
The realization that your child is suffering from a birth defect can be stressful and overwhelming. A medical malpractice lawyer who is experienced and compassionate will help you navigate through the process of preparing your case without adding stress to your family. They can also assist in negotiations with insurance companies, hospitals, and their defense lawyers so you can concentrate on the recovery of your child.
Product Liability
Many birth defects are a result of medical negligence or malpractice during pregnancy and delivery. Certain birth defects are caused by toxins which are ingested during development of the fetus. This includes prescription drugs which are negligently prescribed by doctors, industrial chemicals used at workplaces, and toxic wastes that pollute air and water. An attorney with a birth defect can investigate these sources and seek compensation from those responsible.
Families can be affected for the entire duration of their lives because of severe birth injuries or child born with serious birth defects. They may require surgery, medication or therapy in the future. This can result in costly medical expenses that could be qualified for compensation. A skilled and sympathetic birth defect lawyer can assist families seek justice from medical professionals whose negligence could have caused the loss or death of their children.
In some cases the birth defect may be so severe that it causes the death of the baby. A wrongful death lawsuit could be brought by the parents of the infant killed against the medical personnel who were involved during the pregnancy and birth. This is a serious matter, but it can happen in the most tragic circumstances. In Florida, the parents of a child who has a serious birth defect that requires special treatment can file a wrongful death suit against those responsible for their child's illness.
Birth Defects
The realization that their child is born with a birth defect may be devastating to parents. These birth defects may require expensive procedures and treatments for a lifetime and can affect the quality of life for a family and mental health.
A birth defect could be anything from irregular rhythms in the baby's heart, to having an unusual appearance or missing developmental milestones for their age. Some birth defects can be observed from the outside, and others are identified through special tests. While certain causes are understood, approximately 30% remain unsolved.
Even with the best medical treatment it is possible for something to go wrong during pregnancy. This is especially the case for Birth Defect women who are pregnant age, who are often be prescribed medications that have been linked to birth defects. It doesn't matter if the medication was prescribed by an obstetrician, or offered by a pharmaceutical company for use off-label, the manufacturer may be held accountable for birth defects that resulted from their product.
The deadlines for filing a legal action are very short. Parents who have been stung must have an attorney for birth defects on their side as soon as possible to ensure they don't miss the statute of limitations for their case. This will enable the parents to collect as much compensation as they can.
Erb's Palsy
Erb's Palsy is also known as brachial-plexus palsy. It is an injury to the nerves that control the movement of the arm, hand, and shoulder. It is usually caused by medical negligence during childbirth. It can result in permanent loss of feeling in the affected region.
Workers in the delivery room are trained to be aware of this risk and how to avoid it. The obstetrician will discuss with you the best positions to place your baby in during labor and birth to reduce the risk. They should also have a plan of action in place in case your baby gets stuck in birth canal. This increases the risk for this type of injury.
Your doctor may recommend a daily physical therapy to help you become more flexible and strengthen the affected area. The treatments may not always allow full recovery. If your child suffers from a severe condition surgery may be required to improve the outcome. A variety of surgeries can be beneficial with tendon transfer, nerve grafting and microsurgery.
If your child is suffering from Erb's palsy, a birth defect lawyer can help you determine if their injuries were preventable and could have been prevented. You could be able recover financial compensation from those accountable for your child's injury. A lawsuit could also aid in bringing your family and you closure.
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