20 Birth Defect Claim Websites Taking The Internet By Storm
How to File a Birth Defect Lawsuit
Modern technology and advances in medicine have significantly reduced the risk of childbirth. But, a birth defect law firm defect or injury is still a common occurrence.
A birth defect lawsuit seeks to recover for your child's medical expenses as well as educational costs and other expenses. You must prove that the medical professional who was involved did not follow the standard of care during or before the birth defect law firms or during pregnancy.
Damages
Pregnancy is one of the most exciting and nerve-wracking moments in the life of a parent. Parents want their babies perfect, and doctors do everything to prevent birth defects. Unfortunately, carelessness and negligence on the part of medical practitioners can increase the chance of birth injuries and birth defects. A family who is shocked by this circumstance should think about seeking legal action for a birth defect.
A successful birth defect suit can result in damages for a variety of different things. This can include pain and suffering for the victim as well as loss of consortium, medical costs, as well as lost earning capacity. The amount of compensation an individual victim will be awarded depends on the severity of the child's medical condition, and how much it has affected their standard of living.
Environmental exposures can result in birth injuries and birth defects. Studies have proven that certain chemicals, such as pesticides, fungicides, lead, heavy metals and paints can increase the chance of birth defects. Birth defect lawyers have brought lawsuits against companies that have exposed workers to hazardous chemicals, as well as against pharmaceutical companies who have manufactured drugs that can cause birth defects in fetuses, like DES.
If you suspect that medical error caused your child's birth injury or birth defect, consult a lawyer for birth defects immediately. In certain states, you only have one year to file a lawsuit claiming medical malpractice. If you wait, it could mean that your child will never receive the justice they deserve.
Statute of Limitations
A statute of limitations is a law that defines the deadline for someone to file an action in civil court. Anyone who fails to meet a deadline loses the right to seek damages from a defendant. Birth injury cases can have a more complicated time limit than other medical malpractice claims.
A lawsuit is usually filed against the medical professional or hospital that caused injuries to a patient during labor and delivery. These cases are commonly referred to as birthing injury lawsuits or wrongful birth suits although Florida's laws allow parents to file a medical malpractice suit for the death of an infant.
In a medical malpractice lawsuit the plaintiff must prove that the doctor at fault did not adhere to the expected level of care and consideration another health care provider would have utilized in similar circumstances. This includes failing to recognize a serious illness like low levels of oxygen in the childbirth process that can cause brain damage and cerebral palsy.
Contacting a reputable attorney is the first step in filing an action for birth defects. The majority of lawyers offer free consultations and case reviews to potential clients. If the lawyer believes that a client has a valid claim they will review medical records and employ expert witnesses to assess the evidence. They will also help prepare documents and file the medical malpractice lawsuit on time.
Expert Witnesses
In a case involving birth injuries, it is important to have experts who can explain medical procedures and practices to a jury. Expert witnesses aren't easy to work with as they must scrutinize huge amounts of data and be able to make decisions based upon facts rather than opinions. Additionally, they must be prepared to testify about facts that might conflict with their positions.
In the Daubert case the plaintiffs' experts suggested that Bendectin contributed to their child's birth defects. The judge found that the evidence was at the "cutting edge of research in science, where reality is matched by theory, and certainty turns into probability." However the judge did consider there was enough proof that Bendectin doubled the chances of developing birth defects.
The Daubert ruling was a setback for plaintiffs, who had filed a lawsuit against pharmaceutical companies in order to achieve justice. Nonetheless, there are still many ways that an injured person could pursue a lawsuit for birth defects.
A Philadelphia birth defect attorney will assist the victims to determine if they have a case. A lawyer can determine if the plaintiff is eligible to file a suit on their own or as part of a class action. In certain instances a lawyer may make a birth injury claim as part of multidistrict litigation (MDL). To get started by filling out the form on this page to request a an unreserved and confidential consultation with a qualified attorney.
Representation
Modern technology and recent advances in the medical field may have decreased the chance of complications arising during pregnancy and childbirth, but they're still not completely eliminated. If a birth defect injury occurs and the cause is preventable, parents may seek legal action to cover costs associated with treatment.
Medical negligence claims tend to be caused by a doctor's inability to diagnose or treat a disease. A doctor might not perform an ultrasound or make a mistake during surgery, resulting in birth defects like spina bifida. Other causes for birth defect lawsuits 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 instances birth defects can dramatically reduce a child's life expectancy or result in an enormous amount of medical expenses.
Contact a birth defect lawyer today if you believe that your child's birth defect or injury was the result of medical negligence or carelessness during labor or birth. A lawyer can help explain your options and assist you make a claim prior the statute of limitation expiring. A lawyer might also be competent to negotiate settlements on behalf of you with the responsible parties for your infant's injury.