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 proper timeframe.
Some birth defects are genetic however others can be caused by prescription drugs or exposure to harmful chemicals. Take receipts, bills, credit card payments and other evidence to assist your birth defect lawyer determine the amount of damages you are entitled to.
Medical Malpractice
Medical malpractice can lead to severe birth injuries that can change the life of a child forever. Medical errors shouldn’t be made, but if they do occur, families are entitled to compensation for their losses. These damages can cover medical expenses from the past and future, and the physical and emotional pain caused by an accident.
Parents who believe they’ve experienced medical malpractice during or shortly after the birth of their child can sue the hospital or doctor accountable. To prove medical negligence, a birth defect attorney must work with experienced professionals to establish the standards of care that a doctor should uphold in their field. They then have to prove that your doctor did not adhere to this standard and was the cause of your injury.
Birth defects can be acquired or congenital. Congenital defects are those that are genetic and develop during the development of the embryo. On the other side birth defects that are acquired occur in or shortly following the birth process and are typically the result of trauma or medical mistake. For example, if an physician fails to detect fetal discomfort or does not use forceps correctly, he may cause brain damage to the baby.
Being aware that your child is suffering from a birth defect can be extremely stressful and confusing. A compassionate and skilled medical malpractice attorney will assist you through the previous steps without adding additional stress to your family. They will also handle 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 the result of medical negligence or malpractice during pregnancy and delivery. Certain birth defects are caused by toxins that are consumed during the development of the foetus. This includes prescription drugs that are not properly prescribed by doctors, industrial chemicals employed in workplaces, or toxic waste that pollutes air and water in communities. A birth defect lawyer can investigate all possible causes of birth defects and seek compensation from the parties responsible.
Families could be impacted for the remainder of their lives due to severe birth injuries or baby born with serious birth defect lawsuit defects. They may need surgery, medication and therapy for many years to come. This can result in high medical expenses that can be admissible for compensation. A skilled and empathetic birth defect lawyer can help families seek justice from the medical professionals whose negligence may resulted in the accident or death of their children.
In some instances, a birth defect may be so severe that it leads to the death of the infant. Parents of a deceased child may file a wrongful death lawsuit against the medical professionals involved in the pregnancy or delivery. This is a very tragic scenario which can occur in most extreme circumstances. In Florida parents of a newborn with a severe birth deformity that requires ongoing care may file a lawsuit for wrongful death against the people responsible.
Birth Defects
The discovery that a child was born with a birth defect could be devastating for parents. These birth defects can lead to an entire life of costly procedures and treatment and also impact the mental health of a family’s quality of life.
Birth defects can vary from an abnormal rhythm in the heart of a baby, to an unusual appearance or a child who is not meeting developmental milestones that are appropriate for their age. Some birth defects are obvious from the outside while others are only detectable by special tests. About 30% of the causes remain a mystery.
Even with the best medical care there are many things that can go wrong during pregnancy. This is particularly applicable to women of childbearing age, who are often be prescribed medications that have been associated with birth defects. The manufacturer of the drug could be the cause of birth defects, irrespective of whether it was prescribed by a physician or sold by a company.
The timeframes for bringing a legal action are very short. To ensure that they do not exceed their time limit, parents who are shocked need to get an attorney for birth defects on their side as quickly as they can. This will help them obtain the maximum amount of damages available to them.
Erb’s Palsy
Erb’s palsy, also referred to as brachial palsy is an injury to the nerves which control movement of the shoulder, arm, and hand. It is typically caused by medical negligence during childbirth, and can result in permanent loss of feeling in the affected area.
The staff members who work in the labor and delivery rooms are educated about this risk and how to reduce it. The obstetrician should talk about the best positions for your baby during labor and birth to reduce the risk. They should also have an emergency plan in place in the event that your baby is stuck in the birth canal. This increases the likelihood of this kind of injury.
Your doctor may recommend regular exercise to strengthen and limber up the area affected. However, these treatments do not fully restore functionality in all cases. If your child suffers from an extreme case of the condition, they may require surgery to improve their chances of a better outcome. A variety of surgeries are able to help such as tendon transfer neuro grafting, microsurgery and nerve grafting.
A birth defect lawyer can assist you in determining if the injury your child suffered was preventable. You may be able to obtain financial compensation for the damage that could have been prevented. The filing of a lawsuit may help bring you and your family closure.