Parents who file a birth defects lawsuit against medical and health professionals who may be responsible for their child’s defect or deformity often find themselves in a heartbreaking, frightening, and intimidating situation. While many birth defects are unavoidable, stemming from congenital abnormalities passed on through generations, an experienced team of caring birth defects personal injury attorneys can help make an accurate determination of cause, whether a defect occurred naturally or if it was caused by negligence.
The treatment and care for a child born with a birth defect can result in a lifetime of costly medical procedures, surgeries, and other expenses. If it can be determined the birth defect was caused by the negligence of others, those responsible medical personnel should be held liable for the cost of the resulting medical assistance that is required.
If you believe the birth defect of a loved one could have resulted from the negligence of a medical professional, contact the personal injury legal experts at Cooney & Conway for a free case evaluation. Call 800-322-5573 today or fill out the contact information form located on this page and a qualified legal associate will promptly respond to your inquiry.
Experienced Lawyers Can Properly File a Birth Defects Lawsuit
During the emotional stress a family experiences after the birth of a child with a defect, it is important to note that time is a factor when affected parties must file a birth defects lawsuit. Statutes of limitations apply in birth defects suits and claims must be filed before the child reaches a certain age. It is crucial to contact a respected personal injury attorney who specializes in birth defect lawsuits as soon as possible after diagnosis.
- In order to successfully file a birth defects lawsuit, an attorney must establish a few important elements, including:
- The mother or baby was being treated or under the medical care of the defendant;
- The defendant was neglectful or was otherwise in error while the mother and/or baby were under their care, and;
- The act of negligence or mistake contributed to the existence or worsening of the birth defect.
Birth defects can generally fit into two categories, structural defects related to specific problems affecting body parts, and functional or developmental issues that result from system defects or failures.
- Structural Birth Defects can include:
- Cleft lip or palate
- Heart defects
- Abnormal or otherwise deficient limbs, including clubfoot, missing limbs, webbed feet or hands, shortened limbs, blood circulation issues, and extra toes or fingers
- Neural tube defects affecting a child’s brain or spinal cord, including spina bifida and anencephaly
2. Functional Birth Defects can include:
- Developmental disabilities including Down Syndrome, Prader-Willi Syndrome, and Fragile X Syndrome
- Sensory issues including hearing or vision problems
- Metabolic disorders such as phenylketonuria and hypothyroidism
- Degenerative disorders that increase over time, such as muscular dystrophy
Contact Experienced Birth Defects Personal Injury Lawyer
The reasons and causes for birth defects vary widely, but as technology has advanced, the ability to determine causation and liability has increased. Parents who are dealing with the difficulties associated with caring for a child with a disability or special needs owe it to their child, their family, and themselves to do find out everything they can about what happened and explore all avenues for financial relief and restitution.
If you find yourself in the painful position of needing to file a birth defects lawsuit, you will need a qualified legal expert to wade through the complicated and emotional process. In the event you need an experienced and qualified birth defect lawyer, call Cooney & Conway toll free at 800-322-5573 for complete information about your options in the event you need an experienced and qualified birth defect lawyer. You can also fill out the Case Evaluation contact form on this page and an experienced personal injury attorney will promptly respond to your inquiry.