birth defect lawsuit Defect Lawyers
Parents want their children to be perfect, but it’s not always possible. Parents must take action quickly if a child is born due to a birth defect in order to ensure that their medical malpractice claim will be filed within the proper time frame.
Certain birth defects are genetic, but others are caused by prescription drugs or exposure to toxic chemicals. Take receipts, bills, credit card transactions as well as other documentation that will help your lawyer determine the damages you are entitled to.
Medical Malpractice
Medical malpractice can lead to serious birth injuries that could alter a child’s life forever. These medical errors should not occur and, if they do families should be compensated for their losses. These damages can be used to cover medical expenses that have occurred in the future and in the past, and the physical and emotional pain resulted from an injury.
Parents who believe they were the victims of medical malpractice prior to or after the birth of their child can file lawsuits. To prove medical negligence, a birth defect attorney must work with qualified professionals to establish the standards of medical care that a doctor has to uphold in their area of expertise. They must then prove that the doctor violated the standards of care and that is what caused your injury.
There are two kinds of birth defects: acquired and congenital. Congenital defects are those that are genetic and occur during the embryo’s development. On the other on the other hand birth defects acquired by chance are present during or shortly after the birth process and are usually caused by trauma or medical mistake. For example an obstetrician who does not recognize the fetal distress or make use of forceps correctly can cause brain injuries to the baby.
Being aware that your child is suffering from a birth deformity is a frightening and confusing experience. A medical malpractice lawyer who is knowledgeable and understanding will assist you navigate through the process of preparing your case without adding additional stress to your family. They will also negotiate with hospitals, insurance companies and their defense lawyers, so you can concentrate on your child’s healing.
Product Liability
Many birth defects happen as a result medical malpractice or negligence in the delivery and pregnancy. However, some are caused by exposure to harmful substances during the development of the foetus. This could include prescription drugs that are improperly prescribed by doctors or industrial chemicals that are employed in workplaces and toxic waste that pollutes air and water in communities. A birth defect lawyer can examine all possible causes of birth defects and seek compensation from the parties responsible.
A severe birth injury or Birth defect child born with a severe birth defect can have lifelong consequences for families. They could require surgery, medication and therapy for the rest of their lives. This can also lead to expensive medical bills that could be eligible for compensation. A birth defect lawyer who is compassionate and knowledgeable will assist families in getting justice from medical professionals whose negligence led to the injury or death of their child.
In some instances, birth defects can be so severe that they result in the infant’s death. A wrongful death lawsuit can be brought by the parents of the infant who died against the medical personnel who were involved in the birth and delivery. It is a traumatic situation which can occur in most severe of circumstances. In Florida parents of a baby born who suffers from a birth defect that requires ongoing care may file a lawsuit for wrongful death against the parties responsible.
Birth Defects
One of the most devastating events that parents face is discovering that their child has a birth defect. These malformations can result in an entire life of costly procedures and medical treatments and can also affect the mental health of a family’s quality of life.
A birth defect could be anything from irregular rhythms in the baby’s heart, to having an unusual appearance or not meeting developmental milestones for their age. Certain birth defects can be observed from the outside while others are identified through special tests. About 30% of the causes are not known.
Pregnancy can be a difficult process, and even with the best of medical treatment, there is always the chance that something could be wrong. This is especially true for women who are pregnant because they may be prescribed medications that have been linked to birth defects. The drug may have been prescribed by an obstetrician or offered by a pharmaceutical company for use off-label the manufacturer could be held accountable for the birth defects that resulted from their product.
When it comes to taking legal action, the deadlines are a bit tight. To ensure that they don’t exceed their time limit parents who are stunned need to get an attorney who can help with birth defects to their side as soon as possible. This will allow them to recover the maximum amount of compensation.
Erb’s Palsy
Erb’s palsy, also referred to as brachial palsy is a traumatic injury to the nerves that control movement of the shoulder, arm, and hand. It is typically caused by negligence in the medical process of the birth of a child, and can cause permanent loss of sensation in the affected area.
The staff members who work in the birthing rooms are trained to know about this risk and to know how to prevent it. The obstetrician must discuss the best positions for your baby during pregnancy and labor to minimize this risk. They should also have an emergency plan in place in the event that your baby becomes stuck in the birth canal. This increases the likelihood of this kind of injury.
Your doctor may suggest daily physical therapy to help you become more flexible and strengthen the area affected. However, these treatments are not always able to restore full function. If your child has an extreme case of the condition, they may require surgery to increase their chances of having a better outcome. Different types of surgery can help such as tendon transfer as well as nerve grafting and microsurgery.
If your child has Erb’s palsy, a birth defect lawyer will help you determine if the injury could have been avoided and could be prevented. You may be able to obtain an amount of compensation which could have been avoided. The filing of a lawsuit may help bring your family and you closure.