15 Shocking Facts About Birth Defect Claim That You Didn t Know About

How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have significantly reduced the risk of childbirth. Birth defects or injuries occur often.

A birth defect lawsuit seeks to recover for your child's medical expenses as well as educational costs and other losses. You must prove that the medical professional who was involved did not follow the standard of treatment during or prior to the pregnancy or birth.

Damages

Pregnancy is one of the most exciting and nerve-wracking moments in the life of a mother. Parents want their children to be perfect, and doctors work to do all they can to stop birth defects from happening. Unfortunately, carelessness and negligence on the part of medical practitioners can increase the risk of birth defects and injuries. In the event of this happening the family of the victim should consider seeking justice through a birth defect lawsuit.

A successful birth defect lawsuit can result in damages for a number of different things. This includes the victim's pain and suffering and loss of consortium medical expenses and lost earning capacity. The amount of damages a victim will receive will depend on the severity of their child's condition and the extent that it has affected in their quality of life.

Birth injuries and birth defects can be caused by a number of causes that include exposure to environmental factors. Studies have shown that certain chemicals, such as pesticides, fungicides, lead, paints and heavy metals may increase the chance of birth defects. Birth defect lawyers have filed suits against businesses that have exposed workers to harmful chemicals, and against pharmaceutical companies that have produced drugs that could cause birth defects in fetuses, like DES.

If you suspect that medical error caused the birth injury or birth defect, you should consult a birth defect lawyer immediately. In certain states, you have only one year to file a lawsuit claiming medical malpractice. If you wait it could mean that your child will never get the justice they deserve.

Statute of limitations

A statute of limitation is a law that sets the time limit for filing a civil lawsuit. If a person fails to meet the deadline, they will lose their right to recover damages from a defendant. Birth injury claims have a more complicated statute of limitations than other medical malpractice claims.

A lawsuit is typically filed against the hospital or doctor that caused a patient's injuries during labor and birth. These cases are often referred to as birthing injury suits or wrongful birth lawsuits although Florida's laws permit parents to file a malpractice lawsuit in the event of the death of a child.

In a case of medical malpractice the injured party must prove the at-fault doctor did not adhere to the expected level of care and consideration that other health care providers would have used in similar circumstances. This includes failing to diagnose an illness that is serious, for example, low levels of oxygen in the childbirth process which can result in cerebral palsy and brain damage.

The first step in filing a birth defect lawsuit is to reach an experienced attorney. The majority of lawyers offer free consultations to potential clients. If the lawyer believes that a client has a valid claim they will review medical records and appoint expert witnesses to assess the case. They will also assist with the preparation of documents and file the medical malpractice lawsuit on time.

Expert Witnesses

In a case with birth injuries, it is vital to have medical experts who can explain to a jury the medical procedures and practices. Expert witnesses can be difficult since they have to scrutinize an extensive amount of information in order to make a decision that are based on evidence rather than opinions. They should also be prepared to provide evidence on matters that may conflict with their opinion.

In the Daubert Case, the plaintiffs' expert argued that Bendectin was responsible for the birth defect in their child. The judge ruled that the evidence was on the "cutting edge of research in science, where reality meets theory, and certainty transforms into probability." However the judge did not believe there was sufficient evidence to support the claim that Bendectin doubled a baby's risk of developing birth defects.

The Daubert decision was a blow to plaintiffs that had sued pharmaceutical companies in seeking justice. Nonetheless, there are still various ways in which the injured party could pursue a birth defect lawsuit.

A Philadelphia birth defect attorney can help victims determine whether they're eligible for a claim. A lawyer can determine whether a plaintiff is eligible to file a suit on their own or as part of a class action. In certain situations a lawyer may start a lawsuit for birth injuries in the context of multidistrict litigation (MDL). To start by filling out the form here for the opportunity to have a no-cost and confidential consultation with a licensed lawyer.

Representation

Modern technology and recent advancements in the field of medicine could have reduced the chance of complications occurring during pregnancy and childbirth, but they're still not completely eliminated. If a birth defect, or injury occurs and the cause is preventable, parents may seek legal action to cover the costs related to treatment.

Medical negligence claims tend to be caused by a doctor's inability to diagnose or treat a disease. A physician may fail to perform an ultrasound or make a mistake during surgery, leading to a birth defect such as spina bifida. Other causes for a birth defect lawsuit include an ineffective medication for the mother or exposure to chemicals or other environmental hazards when the baby is growing in the womb.

A birth defect can affect any part of a newborn's body and affect their health, performance and appearance. In certain cases birth defects may reduce the lifespan of a baby or result in significant medical costs.

If you believe the birth defect or injury is the result of medical malpractice or negligent care during labor or pregnancy seek out a qualified birth defect attorney today. A lawyer can assist you in understanding your options and assist you to file a claim prior to the deadline for filing. A lawyer can also negotiate a settlement with the parties accountable for the injury of your child.