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Five Birth Defect Lawsuit Lessons From The Professionals
Birth Defect Lawyers

Parents want their babies to be perfect, but it's not always possible. When a child is born with a birth defect, parents must act swiftly to ensure their medical malpractice claim is filed within the proper time frame.

Some birth defects can be genetic, while others might be caused by prescription drugs or exposure to harmful substances. Gather bills, receipts or credit card transactions, as well as other evidence to help your birth defect lawyer determine the amount of damages you are entitled to.

Medical Malpractice

Medical malpractice can lead to severe birth injuries, which can change a child's future forever. These medical errors should never occur, and if they occur, families deserve compensation for their losses. These damages could be used to pay for past and future medical expenses and any emotional and physical suffering caused by the injury.

Parents who believe they've experienced medical malpractice during or just after the birth of their child may file a lawsuit against the hospital or doctor accountable. To prove medical malpractice an attorney for birth defects must work with qualified experts to establish the professional standard of care physicians must adhere to in their field. They must prove that your doctor violated the standards of care and this is what caused your injury.

There are two types of birth defects: acquired and congenital. Congenital defects are are genetic and develop during the embryo's development. Birth defects acquired by the other hand, are found within or shortly after the birth and are usually caused by trauma or a medical error. For instance, if an Obstetrician fails to recognize fetal discomfort or does not use forceps correctly, he might cause brain damage to the infant.

Being aware that your child is suffering from a birth deformity can be confusing and traumatic. A knowledgeable and compassionate medical malpractice lawyer can assist you through the previous steps without adding more stress to your family. They can also assist in negotiations with hospitals, insurance companies and their defense lawyers so you can concentrate on the recovery of your child.

Product Liability

Many birth defects happen as the result of medical negligence or malpractice during the birth and delivery process. Some are caused by exposure to chemicals during the development of the fetus. This could be due to prescription medications that are not properly prescribed by doctors, industrial chemicals used at workplaces, and toxic wastes that pollute the air and water. An attorney for birth defects can investigate these sources and seek compensation from those responsible.


Families may be affected for the entire duration of their lives because of a serious birth injury or baby born with serious birth defects. They may require surgery, medication and therapy in the future. This could lead to significant medical costs that may be suitable for compensation. A skilled and empathetic birth defect lawyer can assist families seek justice from medical professionals whose negligence may have caused the death or injury of their children.

In some instances birth defects can be so severe that it results in the death of the baby. A wrongful death lawsuit could be filed by the parents of the deceased infant against the medical professionals who were involved in the delivery and pregnancy. This is an extremely difficult situation however it can occur in the most tragic of circumstances. In Florida, parents of a newborn with a serious birth defect that requires a lifetime of care can pursue a lawsuit for wrongful death against those responsible.

birth defect law firm boston Defects

The discovery that their child is born with a birth defect can be devastating for parents. These malformations can result in a lifetime of costly procedures and medical treatments and also impact the mental health of a family's quality of life.

Birth defects can be anything from an abnormal rhythm in the baby's heart, to an appearance that is unusual or a child not meeting developmental milestones appropriate to their age. Some birth defects can be identified from the outside, whereas others are detected with special tests. While some of the causes are well-known, around 30% remain unsolved.

The process of pregnancy is complex even with the most advanced of medical care there is always the chance that something could go wrong. This is particularly relevant for women who are of childbearing age, who are often 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 for non-approved use the manufacturer could be held responsible for the birth defects that resulted from the medication they sold.

When it comes to bringing legal action, the timeframes are tight. Parents who have been stung must have an attorney for birth defects in their corner as soon as they can to ensure that they don't miss the deadline for their case. This will allow them to recover the maximum amount of damages that are available to them.

Erb's Palsy

Erb's Palsy is also known as brachial-plexus syndrome. It is a result of an injury to the nerves that regulate the movement of the hand, arm, and shoulder. It is most often caused through medical negligence during the birth of a child, and can cause a permanent loss of sensation in the affected region.

People who work in the delivery area are trained to be aware of the danger and how to avoid it. The obstetrician must discuss the most suitable positions for your baby during labor and delivery 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 risk of this kind of injury.

Your doctor may recommend a daily physical therapy to help keep you limber and strengthen the affected area. However, these treatments will not fully restore function in many instances. If your child suffers from a serious condition, surgery may be required to improve the result. Many kinds of surgeries can be performed to treat, including nerve grafting, tendon transfer, and microsurgery.

A birth defect lawyer can help you in determining if the injury your child suffered was preventable. You may be able recover financial compensation for the injury which could have been avoided. The filing of a lawsuit may aid in bringing your family and you closure.

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