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Parents want their babies to be perfect, but unfortunately that's not always possible. Parents must act quickly when a child is born defectively to ensure that their medical malpractice claim will be filed within the appropriate time frame.
Some birth defects are genetic however, others may be caused by prescription drugs or exposure to harmful chemicals. Collect receipts, bills, credit card payments and other documents to aid your birth defect lawyer determine the amount you're entitled to.
Medical Malpractice
Medical malpractice can cause severe birth injuries, which can change a child's future forever. These medical errors should not be made, but if they happen families should be compensated for their losses. These damages can be used to cover the medical bills of the past and future and any physical and emotional suffering caused by the injury.
Parents who believe they have been victims of medical malpractice before or after the birth of their child can bring a lawsuit. To prove medical malpractice an attorney for birth defects will work with expert experts to establish the standard of care that doctors must adhere to in their field. They must then demonstrate that your doctor was in violation of this standard and that this caused your injury.
There are two kinds of birth defect attorneys defects: acquired and congenital. Congenital defects are those that are genetic and are present during the development of the embryo. On the other on the other hand, acquired birth defects occur during or shortly after the delivery process and are typically caused by trauma or medical mistake. For example the obstetrician that fails to spot the presence of fetal distress, or to use forceps properly could cause an injury to the brain of the infant.
The realization that your child is suffering from an abnormal birth is a frightening and confusing experience. A medical malpractice lawyer who is proficient and compassionate can help you navigate the process of preparing your case, without adding stress to your family. They will also negotiate with hospitals, insurance companies, and their defense lawyers so that you can focus on the healing of your child.
Product Liability
Many birth defects are the result of medical negligence or malpractice during pregnancy and birth. Some birth defects are caused by toxins which are ingested during development of the fetus. This can include prescription drugs prescribed negligently by doctors or industrial chemicals that are used at workplaces, and toxic waste contaminating air and water. A birth defect lawyer can examine the possible causes of birth defects and seek compensation from the responsible parties.
A serious birth injury or a child born with a serious birth defect could have long-lasting implications for families. They may need therapy, surgery, and medication for years to come. This can lead to significant medical expenses that may be qualified for compensation. A birth defect lawyer who is skilled and compassionate can assist families in obtaining justice from medical professionals whose negligence led to the injury or the death of their child.
In some instances birth defects can be so severe that they cause the infant's death. Parents of a child who has died may file a wrongful death lawsuit against the medical personnel involved during the pregnancy or birth defect attorneys. This is an extreme situation however, it can happen in the most tragic of circumstances. In Florida parents of a baby who suffers a severe birth defect that requires special care can file a wrongful death suit against those responsible for their child's condition.
Birth Defect Lawsuit Defects
The discovery that a child was born with a birth defect can be devastating to parents. These malformations may require expensive procedures and care for a lifetime and can affect a family's quality of life and mental health.
Birth defects can be anything from an abnormal rhythm in the baby's heart, to an unusual appearance or a child not meeting developmental milestones that are appropriate for their age. Some birth defects can be seen from the outside, while others are identified through special tests. About 30% of the causes remain a mystery.
Even with the best medical care, something can go wrong during pregnancy. This is particularly the case for women who are pregnant age, who may be prescribed medications that have been associated with birth defects. Whether the drug was prescribed by an obstetrician or sold by a pharmaceutical company for off-label use, the manufacturer may be held accountable for birth defects that resulted from the medication they sold.
The deadlines for filing an action in court are very short. To ensure that they do not exceed their time limit parents who are in shock need to get an attorney for birth defects on their side as fast as they can. This will enable them obtain the maximum amount of damages available to them.
Erb's Palsy
Erb's Palsy can also be referred to as brachial-plexus syphilis. It is a condition that causes an injury of the nerves which control the movement of the hand, arm and shoulder. It is most often caused due to medical negligence during childbirth, and it can cause a permanent loss of sensation in the affected region.
The personnel who work in the labor and delivery rooms are trained to know about this risk and how to reduce it. The obstetrician can discuss with you the best positions to place your baby in the womb and during labour to reduce the risk. They should also have an emergency plan in place in case your baby is stuck in the birth canal. This increases the risk for this type of injury.
Your doctor may suggest daily physical therapy to help limber and strengthen the area affected. These treatments may not always fully restore function. If your child suffers from an extreme case of the condition, they might require surgery to improve their chances of a better outcome. Different types of surgeries are available to aid, including nerve grafting, tendon transfer, and microsurgery.
A birth defect lawyer can assist you in determining if the injury your child suffered was preventable. You could be able to 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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