A Comprehensive Guide To Birth Defect Claim From Start To Finish
How to File a Birth Defect Lawsuit
Modern medical technology and medicine have drastically reduced the risk of childbirth. But, a birth defect or injury still occurs frequently.
A birth defect lawsuit seeks to pay your child's medical expenses, educational costs, and other losses. To be able to file a claim, you need to demonstrate that a medical professional violated the standard of care prior to or during pregnancy or delivery.
Damages
Pregnancy is among the most exciting and nerve-wracking moments in the life of a mother. Parents want their babies perfect, and doctors do everything to prevent birth defects. Inattention to medical issues and negligence can increase the risk of birth defects and injuries. When this occurs the family of the victim ought to consider pursuing justice through a birth defect lawsuit.
A successful birth defect suit could result in damages for many different things. This includes suffering and pain for the victim along with loss of consortium and medical expenses, not to mention lost earning capacity. The amount of damages that an individual victim will be awarded depends on the degree of the child's health and how it has affected their quality of living.
Birth defects and birth injuries can be caused by a number of causes which include exposure to environmental factors. Studies have proven that certain chemicals like fungicides, pesticides, lead, paints and heavy metals may increase the likelihood of birth defect law firm defects. Birth defect lawyers have filed lawsuits against companies who exposed workers to harmful chemicals and pharmaceutical companies that manufacture drugs like DES that can cause birth defects in fetuses.
If you believe that your child's birth defect, or birth injury was the result of medical negligence, you must seek out a skilled birth defect lawyer as quickly as possible. In some states, you have only one year to file a lawsuit for medical malpractice. If you delay, it could mean that your child will never get the justice they deserve.
Statute of Limitations
A statute of limitations is a law that establishes the time frame for which a person has to file a civil suit. If a person misses the deadline, they will lose the right to collect damages from the defendant. Birth injury cases can have more complicated statutes of limitations than other kinds of medical malpractice claims.
A lawsuit is usually brought against the doctor or hospital who caused injury to patients during labor or delivery. These cases are often referred to as birthing injury lawsuits or wrongful birth defect law firms suits, although Florida's laws allow parents to file a medical malpractice suit to bring a child's death.
In a case of medical malpractice the plaintiff must prove the at-fault doctor was not adhering to the standards of care and consideration other health care providers would have used in similar circumstances. This includes failing diagnose serious conditions like low oxygen levels during childbirth that can cause cerebral palsy and brain damage.
The first step to file a birth defect lawsuit is to contact a skilled attorney. The majority of lawyers offer free consultations and reviews of cases to prospective clients. If the attorney believes a client has a valid case, they will look over medical records and hire expert witnesses to assess the evidence. They can also assist in the preparation of documents and file the medical malpractice lawsuit within the timeframe.
Expert Witnesses
In a case involving birth injuries, it is important to have experts who can explain medical practices and procedures before a jury. Expert witnesses can be difficult to work with since they must be able to scrutinize massive quantities of information and be able to make decisions based upon facts rather than their opinions. Additionally, they must be able to testify regarding facts that could contradict their positions.
In the Daubert case the plaintiffs' experts suggested that Bendectin had caused birth defects for their child. The judge concluded that the evidence was at the "cutting edge of research in science, where reality meets theory and certainty dissolves into probability." However the judge did not consider there was enough proof that Bendectin doubled a baby's chance of developing birth defects.
The Daubert decision was a blow to plaintiffs that had filed suit against pharmaceutical companies in an effort to obtain justice. There are numerous avenues for a victim to bring a lawsuit based on the birth defect.
A Philadelphia birth defect attorney can assist victims in determining if they have a case. Lawyers can assist victims determine if they're eligible to file a personal lawsuit or a class action. In certain instances lawyers may be able to bring a birth injury lawsuit as part of a multidistrict litigation (MDL). Please fill out the form below to get a confidential and free consultation with an attorney.
Representation
Modern technology and recent advancements in medicine may have decreased the risk of complications that can occur during pregnancy and childbirth, but they are not completely eliminated. Parents can take legal action if they suffer a birth injury or defect occurs, and the cause could have been avoided.
Medical negligence claims typically stem from a doctor's failure to diagnose or treat a problem. For instance, a doctor might fail to conduct an ultrasound exam or make mistakes during surgery, which could result in a birth defect, such as spina bifida. Other causes that can lead to birth defect lawsuits include an ineffective medication for the mother or exposure to chemicals or other environmental hazards when the baby is developing in the womb.
A birth defect can affect any part of a newborn's body. It can affect their health, functioning and appearance. In some instances birth defects may reduce the life span of a child or trigger major medical expenses.
Contact a birth defect lawyer today if you suspect that the birth defect or injury was the result of medical negligence or mistakes during labor or pregnancy. A lawyer can help you understand your options and file a claim before the statute of limitations runs out. A lawyer can also negotiate an agreement with the parties responsible for the injury suffered by your infant.