5 Birth Defect Claim Lessons From The Pros
How to File a Birth Defect Lawsuit
Modern technology and medicine have dramatically decreased the risks of childbirth. However, birth defects or injury can still happen frequently.
A birth defect lawsuit seeks to pay your child's medical expenses, education costs and other losses. You must prove that the medical professional in question breached the standard of treatment during or prior to the birth or delivery.
Damages
Pregnancy is one of the most exciting and stressful moments in the life of a parent. Parents want their children to be perfect and doctors do everything they can to prevent birth defects. Unfortunately, negligence and carelessness on the part of medical professionals can increase the chance of birth injuries and defects. Families who are shocked by this situation should consider seeking legal action for a birth defect.
A successful birth defect suit could result in damages for a variety of different things. These include the victim's suffering and suffering as well as loss of consortium, medical expenses, and loss of earning capacity. The amount of the damages a victim is awarded will depend on the degree of their child's health and the extent to which it has impacted with their quality of life.
Birth defects and birth injuries can be caused by a number of factors, including exposure to environmental factors. Studies have proven that certain chemicals like pesticides, fungicides lead, paints, and heavy metals can increase the risk of birth defects. Birth defect lawyers have filed lawsuits against companies that exposed employees to harmful chemicals as well as pharmaceutical companies that manufacture drugs such as DES that can cause birth defects in fetuses.
If you suspect that medical negligence caused the birth injury of your child or birth defect, you must consult a lawyer for birth defects immediately. In certain states, you only have one year to file a medical negligence suit, and waiting any longer than that may mean losing your chance to obtain the justice you have earned for your child's injury.
Statute of Limitations
A statute of limitation is a law that defines the time limit for filing an action in civil court. Anyone who fails to meet the deadline will lose the right to pursue a defendant for damages. Birth injury cases have more complex statutes of limitations than other kinds of medical malpractice claims.
A lawsuit is usually filed against the doctor or hospital who caused injury to patients during labor or birth. These cases are commonly called birthing injuries lawsuits or wrongful birth suits, though Florida's laws allow parents to make a claim for medical malpractice to bring a child's death.
In a case of medical malpractice the victim must prove the at-fault doctor failed to adhere to the standards of care and consideration other health care providers would have applied in similar circumstances. This includes failing diagnose a serious illness, such as low oxygen levels during childbirth which could lead to cerebral palsy and brain damage.
Contacting a reputable attorney is the first step towards filing an action for birth defects. The majority of lawyers offer free consultations and case reviews for prospective clients. If the attorney believes a client has a valid case, they will look into medical records and employ expert witnesses to assess the case. They can also assist in the preparation of documents and filing the medical malpractice lawsuit within time.
Expert Witnesses
In cases which involves birth injuries, it is vital to have medical experts that can explain to a jury the medical procedures and practices. Expert witnesses can be difficult because they have to carefully review the vast amount of information to make decisions that are based on evidence rather than opinions. They should also be able to provide evidence on matters that may conflict with their opinion.
In the Daubert Case the plaintiffs' expert suggested that Bendectin caused their child's birth defect. The judge ruled that the evidence was "at the forefront of scientific research, where evidence meets theories and certainty dissolves into probabilities." However he was not convinced there was enough proof that Bendectin caused birth defects.
The Daubert ruling was a setback to the plaintiffs, who had sued pharmaceutical companies to try and get justice. There are many avenues an injured person can seek a legal action over a birth defect.
A Philadelphia birth defect attorney can assist those suffering from birth defects to determine whether they have a case. A lawyer can assist clients determine if they're eligible to file a lawsuit on their own or a class action. In certain cases, an attorney can start a lawsuit for birth injury as part of a multidistrict litigation. Please fill out the form below for a confidential and free consultation with an attorney.
Representation
Modern technology and recent advancements in the medical field may have reduced the risk of complications that can occur during pregnancy and childbirth, however they're still not completely eliminated. If a birth defect or injury occurs and the cause is preventable, parents can pursue legal action to pay for the costs related to treatment.
Medical negligence claims typically stem from a doctor's failure to properly diagnose or treat a problem. For example, a physician could neglect to perform an ultrasound examination or make an error during surgery, which could result in a birth defect like spina bifida. Birth defects can be caused by a wrong medication that is taken by the mother or exposure to chemicals or other environmental hazards during the baby's development in the womb.
A birth defect can affect any part of the newborn's body, affecting their appearance, health, and performance. In certain instances the birth defect can dramatically reduce a child's life expectancy or lead to a significant amount of medical costs.
Contact a birth defect lawyer today if you suspect that your child's birth injury or defect was the result of medical negligence or carelessness during labor or birth. A lawyer can help you determine your options and file a claim before the time limit expires. A lawyer can also negotiate an agreement with the responsible parties for the injuries suffered by your child.