8 Tips To Enhance Your Birth Defect Claim Game
How to File a Birth Defect Lawsuit
Modern medical technology and medicine have drastically decreased the risks of childbirth. But, a birth defect or injury still occurs frequently.
A birth defect lawsuit seeks to compensate your child for medical expenses, educational costs as well as other losses. You must prove that the medical professional in question has violated the standard medical care prior to or during pregnancy or delivery.
Damages
Pregnancy can be one of the most exciting yet nerve-wracking events in a parent's lifetime. Parents want their babies to be perfect, and doctors strive to do everything they can to prevent birth defects from occurring. Medical negligence and carelessness could increase the risk of birth defects and injuries. When this occurs 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 range of different things. This includes suffering and pain for the victim along with loss of consortium and medical costs, as well as loss of earning capacity. The amount of damages the victim will receive is contingent on the severity of the child's condition and how much it has affected their standard of living.
Environmental exposures can cause birth defects and birth injuries. Research has shown that pesticides, such as fungicides and lead, as well paints, heavy metals and heavy metals, can increase the risk of birth defects. Birth defect lawyers have filed lawsuits against companies that exposed workers to harmful chemicals and pharmaceutical companies that make drugs such as DES that can cause birth defects in fetuses.
If you suspect that medical malpractice caused the birth injury or birth defect, you must consult a birth defect lawyer immediately. In certain states, you have only one year to file a medical negligence suit, and if you wait longer than that could mean losing your chance of getting the justice you have earned for your child's injury.
Statute of limitations
A statute of limitations is a law that establishes the deadline for filing a civil lawsuit. If a person fails to meet a deadline loses the right to sue a defendant for damages. Birth injury cases can have more complex statutes of limitations than other kinds of medical malpractice claims.
A lawsuit is typically filed against the doctor or hospital that caused an injury to an individual during labor and birth. These types of cases are typically called birthing injury lawsuits or wrongful birth suits though Florida's laws allow parents to make a claim for medical malpractice in the event of a baby's death.
To prove medical malpractice, the victim will need to show that the doctor who was at fault did not follow the standard of care and consideration required by a different health healthcare provider in similar situations. This could include failing to recognize a serious condition such as low levels of oxygen during childbirth that can cause cerebral palsy and brain damage.
The first step in filing a birth defect lawsuit is to speak with a skilled attorney. Most attorneys offer free consultations and case reviews to potential clients. If the attorney believes that a client has a valid claim, they will look over medical records and appoint expert witnesses to assess the evidence. They will also assist in preparing documents and file the medical malpractice lawsuit in time.
Expert Witnesses
In a case that involves birth injuries, it's essential to be able to have medical experts provide a jury with the medical practices and procedures. Expert witnesses can be difficult to work with since they must be able to scrutinize massive quantities of information and make decisions based on facts rather than their opinions. They also have to be willing to testify on facts which may contradict their position.
In the Daubert case the plaintiffs' experts suggested that Bendectin was the cause of the birth defects of their child. The judge concluded that the evidence was "at the cutting-edge of research in science where fact meets theories, and certainty dissolves into probabilities." However the judge did not believe there was enough proof that Bendectin caused birth defects.
The Daubert decision was an affront to plaintiffs who had filed a lawsuit against pharmaceutical companies an attempt to get justice. There are many ways for a victim to pursue a lawsuit over a birth defect.
A Philadelphia birth defect attorney can assist victims in determining whether they have a case. A lawyer can assist plaintiffs determine whether they are qualified to file a lawsuit as an individual or a class action. In some cases attorneys can bring a lawsuit on behalf of a birth defect law firms injuries as part of an interdistrict litigation. To start you must fill out the form on this page for a free and confidential consultation with a reputable attorney.
Representation
Modern technology and recent advances in medicine may have decreased the risk of complications that can occur during pregnancy and childbirth, but they are not completely eliminated. Parents can seek legal action if a birth injury or defect occurs, and the reason could have been avoided.
Medical negligence claims are typically based on a doctor's failure diagnose or treat a condition. For instance, a doctor could neglect to perform an ultrasound examination or make mistakes during surgery, which could result in a birth defect similar to spina bifida. Birth defects can be caused by a wrong medication taken by the mother, or exposure to chemicals or other environmental dangers during the development of the baby during the womb.
A birth defect can affect any part of a newborn's body and affect their health, function and appearance. In some cases, a birth defect can significantly diminish a baby's lifespan or result in a significant amount of medical costs.
Contact an attorney for birth defects now if you believe the birth defect or birth injury was caused by medical negligence or malpractice during pregnancy or labor. A lawyer can help discover your options and file a claim before the statute of limitations expires. A lawyer might also be in a position to negotiate a settlement on behalf of you with the responsible parties for the injuries your infant sustained.