10 Birth Defect Lawsuit That Are Unexpected
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Parents want their babies perfect, but it's not always feasible. If a child is born with a birth defect, parents must take action quickly to ensure 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 toxic chemicals. Gather receipts, bills, credit card transactions as well as other documentation that will assist your lawyer determine the damages you are entitled to.
Medical Malpractice
Medical malpractice can cause severe birth injuries that can alter a child's life forever. These medical mistakes should never occur and, if they do families should be compensated for their loss. These damages can cover past and future medical expenses as well as any emotional and physical suffering caused by the injury.
Parents who believe that they have been victims of medical malpractice prior to or after the birth of their child can file lawsuits. To prove medical malpractice, a birth defect lawyer must collaborate with a qualified expert to establish the standards of care that physicians must adhere to in their area of expertise. They must then prove that your doctor violated the standard of care, and that this is what caused your injury.
Birth defects may be acquired or congenital. Congenital defects are those that are genetic and are present during the development of the embryo. Birth defects that are acquired, on contrary, can be found shortly after or during delivery and are often caused by trauma or a medical error. For instance an obstetrician who is unable to recognize the presence of fetal distress, or to use forceps properly could cause brain injuries to the infant.
Finding out that your child has a birth defect can be extremely stressful and confusing. A skilled and understanding medical malpractice lawyer can assist you through the previous steps without adding extra stress to your family. They will also negotiate with hospitals, insurance companies and defense lawyers so that you can focus on your child's recovery.
Product Liability
Many birth defects happen as the result of medical malpractice or negligence in the delivery and pregnancy. However, some of them are caused by exposure to toxins during the fetus's development. This could include prescription drugs that are improperly prescribed by physicians chemical products employed in workplaces, and toxic waste that pollutes air and water in communities. An attorney with a birth defect will investigate the causes and seek compensation from those responsible.
A serious birth injury or a child born with a serious birth defect attorneys defect can have lifelong implications for families. They could require treatment, surgery, or medication for the rest of their lives. This can lead to significant medical expenses that may be eligible for compensation. A birth defect lawyer who is compassionate and skilled can assist families in obtaining justice from medical professionals whose negligence caused the injury or death of their child.
In certain instances birth defects can be so severe that they cause the infant's death. Parents of a deceased infant can file a wrongful deaths lawsuit against the medical personnel involved in the pregnancy or delivery. This is a tragic situation that can occur in the most difficult of circumstances. In Florida, the parents of a newborn who suffers a severe birth defect that requires specialized care may file awrongful death lawsuit against the parties responsible for their child's illness.
Birth Defects
One of the most devastating events that parents can experience is learning their child has a birth defect. These malformations can result in a lifetime of costly procedures and treatment and also impact the mental health of a family's quality of life.
A birth defect can mean anything from abnormal rhythms in the baby's heart, to having an unusual appearance or a lack of developmental milestones for their age. Some birth defects can be identified from the outside while others are detected with special tests. About 30% of the causes remain unknown.
The process of pregnancy is complex even with the most advanced of medical treatment, there is always the possibility that something could happen to cause problems. This is particularly relevant for women who are of childbearing age, who could be prescribed medications that have been associated with birth defects. It doesn't matter if the medication was prescribed by an obstetrician or purchased by a pharmaceutical firm for non-approved use, the manufacturer may be held accountable for birth defects that resulted from their product.
When it comes time to bring legal action, time frames are a bit tight. To ensure that they do not miss their statute of limitations parents who are astonished must have a birth defect attorney on their side as quickly as they can. This will help them recover the maximum amount of damages available to them.
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 arm, shoulder, and hand. It is typically caused by medical malpractice during childbirth. It can lead to permanent loss of feeling in the affected area.
The personnel who work in the birthing rooms are trained to recognize this risk and how to minimize it. The obstetrician should discuss the most suitable positions for your baby during labor and birth to reduce the risk. They should also have a plan for the event that your baby becomes stuck in the birth defect law firms canal, which increases the chances of sustaining this type of injury.
Your doctor might suggest regular exercise to strengthen and stretch the affected region. The treatments may not always fully restore function. If your child is suffering from an extreme case of the condition, they might require surgery to increase their chances of having a better outcome. There are many types of surgery that can help with tendon transfer or nerve grafting, as well as 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 responsible for your child's preventable injury. In addition, filing a lawsuit could assist in bringing your family and you closure.