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What is a Birth Defect Lawyer?

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  • Written By: Erin J. Hill
  • Edited By: Bronwyn Harris
  • Last Modified Date: 22 September 2018
  • Copyright Protected:
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    Conjecture Corporation
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A birth defect lawyer is an attorney who specializes in helping families sue practitioners for birth defects that happen as a result of medical malpractice. The type of malpractice may vary based on the case, but generally involves some sort of medical intervention that was either entirely unnecessary or not deemed safe for pregnancy. Drug companies may also be at fault for some defects.

The job of a birth defect lawyer is to prove that a child's birth defects were the direct result of a medical procedure or intervention. The doctor responsible for such an intervention may be the target of a lawsuit, along with the prescription drug companies. This can be the case even if the procedures performed or medications prescribed were deemed safe at the time they were used.

Many times it is not easy to definitively prove that a doctor or medication was fully responsible for a child's birth defects. If the mother engaged in any activity that could have contributed to her child's problem, or if there is an unknown genetic link to the particular birth defect in question, the case may be lost.

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Most times the birth defect lawyer will have the task of finding out any potential faults in the mother that could have led to the birth defect, as well as the potential genetic links. His job will be to disprove that the mother's background or habits had anything to do with the condition, and that the doctor was more likely to blame.

Families of injured children and children with birth defects may be entitled to compensation for medical bills resulting from the defect, emotional distress, any continuous care of medical expenses the child may incur, and possibly other expenses. The birth defect lawyer will help the family determine which charges can be brought against the doctor or drug company and how much those charges may be worth.

Generally, using a birth defect lawyer gives a family a better chance at receiving some sort of compensation for any losses they have incurred. Although having an attorney does not guarantee success, especially since the doctor will definitely have a lawyer, choosing an experienced birth defect lawyer greatly increases the odds of success. In many cases, both attorneys can negotiate a settlement out of court that is agreeable to both parties. This amount will likely be lower than the lawsuit amount, but is generally still rather substantial.

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