Birth Defect Lawsuit 101"The Complete" Guide For Beginners
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Parents want their children to be perfect, but unfortunately that's not always possible. If a child is born with a birth defect parents must act swiftly to ensure that their medical malpractice claim is filed within the correct time frame.
Certain birth defects are genetic however others can be caused by prescription drugs or exposure to toxic chemicals. Gather receipts, bills, credit card transactions and other evidence that can help your lawyer determine the damages you are entitled to.
Medical Malpractice
Medical malpractice can result in severe birth injuries, which can alter a child's life forever. Medical errors shouldn't occur and, if they do, families deserve to be compensated for their loss. These damages can cover medical expenses that have occurred in the past and in the future and also the physical and emotional pain caused by injury.
Parents who believe they have suffered from medical malpractice during or just after the birth of their child can bring a lawsuit against the hospital or doctor responsible. To prove medical negligence, a birth defect attorney must collaborate with qualified experts to establish the standards of care that a doctor must uphold in his or her area of expertise. They must then demonstrate that your doctor violated this standard of care and was the reason for your injury.
There are two kinds of birth defects: congenital and acquired. Congenital birth defects occur during development in the womb, and are typically genetic. On the other hand, acquired birth defects occur during or shortly after the birth process and are typically caused by trauma or medical error. For example a doctor who does not recognize the presence of fetal distress, or to make use of forceps correctly can cause brain injuries to the infant.
The realization that your child is suffering from a birth defect can be confusing and traumatic. A medical malpractice lawyer who is knowledgeable and compassionate will help you navigate the steps before your case without adding additional stress to your family. They also negotiate with insurance companies, hospitals and their defense attorneys to allow you to focus on the healing process of your child.
Product Liability
Many birth defects are a result of medical negligence or malpractice during pregnancy and birth. Some are caused by exposure to chemicals during the development of the fetus. This may include prescription drugs which are misinterpreted by doctors industrial chemicals employed in workplaces and toxic waste that pollutes the air and water in communities. A birth defect attorney can examine these sources and seek compensation from the responsible parties.
Families may be affected for the remainder of their lives due to an injury to the baby that is serious or a child born with serious birth defects. They may require surgery, medication and therapy in the future. This could result in expensive medical bills that could be eligible for compensation. A skilled and empathetic birth defect lawyer can assist families seek justice from the medical professionals whose negligence might have caused the death or injury of their children.
In certain cases birth defects can be so severe that they lead to the infant's death. A wrongful death lawsuit could be filed by the parents of the infant killed against the medical professionals who were involved in the birth and delivery. This is a very tragic scenario that can happen in the most difficult of circumstances. In Florida, the parents of a newborn who has a serious birth defect law firm defect that requires specialized treatment can file a wrongful death suit against the person accountable for their child's condition.
Birth Defects
The discovery that a child was born with a birth defect could be devastating to parents. These malformations can result in a life-long cycle of costly procedures and care and can also affect the mental health of a family's quality of life.
Birth defects can range from an abnormal heartbeat in the heart of the baby, to an unusual appearance, or a child not meeting developmental milestones appropriate to their age. Some birth defect law firm 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.
Pregnancy is a complicated process, even with the most advanced of medical care, there is always a possibility that something might go wrong. This is particularly true for women of childbearing age, who may be prescribed medications that have been associated with birth defects. The company that makes the drug could be responsible for birth defects, regardless of whether it was prescribed by a doctor or marketed by a company.
When it comes to taking legal action, the deadlines are a bit tight. To ensure that they don't overrun their statute of limitations parents who are stunned should get a birth defect attorney on their side as fast as they can. This will enable them to claim the maximum amount of compensation.
Erb's Palsy
Erb's Palsy, also known as brachial-plexus palsy is a traumatic injury to the nerves that control the movement of the arm, shoulder and hand. It is usually caused by medical malpractice during childbirth. It can result in permanent loss of feeling in the affected region.
The people who work in the areas of delivery are trained to know about this risk and how to prevent it. The obstetrician should discuss the most suitable positions for your baby during pregnancy and labor to minimize this risk. They should also have a plan in place if your baby gets stuck in the birth canal, which increases the chances for this type of injury.
Your doctor may recommend daily physical therapy to help limber and strengthen the area affected. These treatments may not always fully restore function. If your child suffers from severe symptoms of the condition, they might require surgery to improve their chances of a positive outcome. There are a variety of surgeries that are available to aid, including nerve grafting, tendon transfer, and microsurgery.
If your child has Erb's palsy, an attorney for birth defects can help you determine if the injury was preventable and could be prevented. You may be eligible to receive an amount of compensation that could have been avoided. Filing a lawsuit can also aid in bringing you and your family closure.
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