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Parents want their children to be perfect, but unfortunately this isn't always possible. Parents must act swiftly when a child is born defectively to ensure that their medical malpractice claim will be filed within a reasonable time frame.
Some birth defects can be genetic, while others might be caused by prescription medication or exposure to toxic substances. Gather bills, receipts as well as credit card transactions and other evidence to help your birth defect lawyer determine the amount of damages you are entitled to.
Medical Malpractice
Medical malpractice can lead to serious birth injuries that could alter the child's life forever. These medical errors should not occur, and if they do, families deserve to be compensated for their loss. These damages could cover future and past medical expenses and any emotional or physical suffering caused by the injury.
Parents who believe they have been the victim of medical malpractice prior to or after the birth of their child can bring lawsuits. To prove medical malpractice, a birth defect lawyer must collaborate with a qualified expert to establish the professional standard of care that physicians must adhere to in their field. They must then prove that your doctor was in violation of this standard and that this was the cause of your injury.
There are two types of birth defects: congenital and acquired. Congenital birth defects occur during the development process in the womb, and are typically genetic. Acquired birth defects, on the other hand, are found during or soon after delivery and are often the result of trauma or a medical error. For instance an obstetrician who is unable to recognize the fetal distress or use forceps properly could cause an injury to the brain of the infant.
The realization that your child has a birth deformity can be a stressful and confusing experience. A knowledgeable and compassionate medical malpractice attorney will help you navigate the preceding steps without adding additional stress to your family. They can also assist in negotiations with insurance companies, hospitals and their defense lawyers, so that you can focus on your child's recovery.
Product Liability
Many birth defects are the result of medical negligence or malpractice during pregnancy and delivery. However, some birth defects are caused by exposure to toxic substances during the development of the fetus. This includes prescription drugs that are negligently prescribed by physicians, industrial chemicals employed in workplaces, or toxic waste that pollutes air and water in communities. A birth defect lawyer can look into the possible causes of birth defects and pursue compensation from the responsible parties.
Families may be affected for the rest of their lives by an injury to the birth or a children born with birth defects that are severe. They may need treatment, surgery, or medication for many years to come. This can lead to costly medical expenses that could be admissible for compensation. A compassionate and skilled birth defect lawyer can help families seek justice from medical professionals whose negligence might have led to the loss or death of their children.
In some instances, a birth defect may be so severe that it causes the death of the baby. Parents of a dead infant can file a wrongful-death lawsuit against the medical staff involved in the delivery or pregnancy. It is a traumatic situation that can happen in most difficult of circumstances. In Florida, parents of a child born with a severe birth deformity that requires ongoing care may make a claim for wrongful death against those responsible.
Birth Defects
One of the most devastating things that can happen to parents is the discovery that their child is suffering from an abnormal birth. These malformations can lead to a life-long cycle of costly procedures and treatments and also impact the mental health of a family's quality of life.
Birth defects can be anything from an abnormal rhythm in the heart of a baby, to an appearance that is unusual or a child who does not meet developmental milestones appropriate to their age. Some birth defects are visible from the outside while others can only be detected by special tests. While some of the causes are known, more than 30% are still unsolved.
Even with the best medical treatment, something can go wrong during pregnancy. This is particularly true for women who are expecting because they may be prescribed medications that have been linked with birth defects. Whether the drug was prescribed by an obstetrician or sold by a pharmaceutical company for use off-label the manufacturer could be held responsible for the birth defects caused by their medication.
The deadlines for bringing an action in court are extremely short. Parents who are shocked need a birth defect lawyer in their corner as soon as they can to ensure that they don't miss the deadline for their case. This will help them to claim the maximum amount of damages available to them.
Erb's Palsy
Erb's palsy, also known as brachial palsy is an injury to the nerves that control the movement of the shoulder, arm and hand. It is most often caused through medical negligence during childbirth, and it can cause a permanent loss of sensation in the affected region.
The people who work in the labor and delivery rooms are trained to be aware of this risk and to know how to prevent it. The obstetrician will talk with you the most appropriate positions to place your baby during pregnancy and labour to reduce the risk. They should also have a plan in place in case your baby is stuck in the birth canal which increases the likelihood of this type of injury.
Your doctor might suggest regular exercise to strengthen and limber up the area affected. However, these treatments are not always able to allow full recovery. If your child is suffering from a severe condition, surgery may be required to improve the result. Many kinds of surgeries can be used to help patients, such as nerve grafting, tendon transfer and microsurgery.
If your child suffers from Erb's palsy, a birth defect lawyer will help you determine if the injury could have been avoided and could have been prevented. You may be able recover an amount of money for the injuries which could have been avoided. A lawsuit could assist you and your family find closure.
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