Birth Defect Lawsuit 101"The Ultimate Guide For Beginners
Birth Defect Lawyers
Parents want their children to be perfect, but unfortunately this isn't always possible. When a child is born with a birth defect parents must take action quickly to ensure that their medical malpractice claim is filed within the correct timeframe.
Some birth defects are genetic however, others may be caused by prescription drugs or exposure to harmful chemicals. Gather bills, receipts as well as credit card transactions and other evidence to assist your lawyer for birth defects determine the amount you're entitled to.
Medical Malpractice
Medical malpractice can lead to severe birth defect lawsuits injuries, which could change a child's future forever. Medical errors shouldn't occur, and if they do, families deserve to be compensated for their loss. These damages can cover the medical bills of the past and future as well as any emotional and physical pain caused by the injury.
Parents who believe they were victims of medical malpractice before or after the birth of their baby can bring a lawsuit. To prove medical malpractice an attorney for birth defects must work with qualified experts to establish the professional standards of care that doctors must adhere to in their field. They then have to prove that your doctor did not adhere to this standard and that this caused your injury.
There are two types 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 delivery process and are typically caused by trauma or medical mistake. For instance an obstetrician who fails to notice fetal distress or utilize forceps correctly may cause brain injuries to the baby.
Discovering that your child is suffering from a birth deformity is a frightening and confusing experience. A knowledgeable and compassionate medical malpractice attorney will help you navigate the preceding steps without adding extra stress to your family. They will also handle negotiations with hospitals, insurance companies, and defense lawyers so that you can focus on the recovery of your child.
Product Liability
Many birth defects are the result of negligence or medical malpractice during pregnancy and delivery. However, some birth defects are caused by exposure to chemicals during the development of the fetus. This can include prescription medications that are improperly prescribed by doctors, industrial chemicals employed in workplaces and toxic waste that pollutes the air and water in communities. A birth defect lawyer can examine all possible causes of birth defects and seek compensation from the parties responsible.
Families are impacted for the duration of their lives by severe birth injuries or child born with severe birth defects. They could require therapy, surgery, birth defects and medication for the rest of their lives. This can lead to high medical expenses that could be qualified for compensation. A compassionate and skilled birth defect lawyer can help families seek justice from the medical professionals whose negligence might resulted in the accident or death of their children.
In certain cases birth defects can be so severe that it results in the death of the baby. Parents of a deceased child can file a wrongful deaths lawsuit against the medical staff involved in the pregnancy or delivery. It is a traumatic situation that can occur in the most extreme circumstances. In Florida, parents of babies born with a severe birth deformity that requires care for the rest of their lives can bring a lawsuit for wrongful death against those responsible.
Birth Defects
One of the most devastating things that parents can go through is learning their child has an abnormal birth. These birth defects can lead to a lifetime of expensive procedures and treatments in addition to affecting the mental health of a family's quality of life.
Birth defects can range from an abnormal heartbeat in the baby's heart, to an unusual appearance, or a child that isn't meeting the developmental milestones required for their age. Certain birth defects can be observed from the outside while others are detected with special tests. While some of the causes are understood, approximately 30% remain unexplained.
Even with the best medical treatment, something can go wrong during pregnancy. This is especially the case for women who are pregnant age, who may be prescribed medications that have been associated with birth defects. The drug may have been prescribed by an obstetrician, or purchased by a pharmaceutical firm to be used off-label, the manufacturer may be held accountable for the birth defects that resulted from their product.
When it comes time to bring legal action, time frames are very tight. Parents who are shocked need an attorney for birth defects at their side as quickly as they can to ensure that they don't exceed the statute of limitations on their case. This will allow them to recover the maximum amount of compensation.
Erb's Palsy
Erb's palsy, also known as brachial-plexus palsy is a condition that causes injury to the nerves that control the movement of the shoulder, arm, and hand. It is usually caused by medical negligence during childbirth. It can result in permanent loss of sensation in the affected area.
The personnel who work in the birthing rooms are educated about this risk and to know how to minimize it. The obstetrician should discuss the best positions for your baby during labor and delivery to minimize this risk. They should also have a plan of action in place in case your baby is stuck in the birth canal. This increases the risk of sustaining this type of injury.
Your doctor might suggest daily exercise to strengthen and limber up the area affected. The treatments may not always allow full recovery. If your child suffers from a severe condition, surgery may be required to improve the outcome. Different types of surgery can be beneficial such as tendon transfer or nerve grafting, as well as microsurgery.
If your child has Erb's palsy, an attorney for birth defects can assist you in determining if their injury was avoidable and could be prevented. You may be able recover an amount of compensation that could have been prevented. The filing of a lawsuit may help bring your family and you closure.