Birth Defect Claim 101 This Is The Ultimate Guide For Beginners

How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have drastically reduced the risks associated with childbirth. Birth defects or injuries occur 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 did not follow the standard of care prior to or during the pregnancy or birth.

Damages

Pregnancy can be one of the most exciting yet nerve-wracking times during the lifetime of a parent. Parents want their children to be perfect, and doctors do everything they can to prevent birth defects. Medical negligence and carelessness can increase the risk of birth defect attorneys defects and injuries. A family that is shocked by this situation should consider the possibility of suing over a birth defect.

A successful birth defect lawsuit can result in damages for a variety of different things. This includes the victim's pain and suffering, loss of consortium, medical expenses and lost earning capacity. The amount of damages a victim receives will depend on the degree of their child's health and the extent to which it has impacted in their quality of life.

Environmental exposures can cause birth defects and birth injuries. Studies have proven that certain chemicals like fungicides, pesticides and lead, as well as paints, and heavy metals can increase the risk of birth defects. Birth defect lawyers have filed lawsuits against companies who exposed workers to harmful chemicals as well as pharmaceutical companies that manufacture drugs like DES that could cause birth defects in fetuses.

If you suspect that medical malpractice caused the 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 delay this could mean that your child will never receive the justice they deserve.

Statute of limitations

A statute of limitations is a law which defines the time limit for a person to file a civil claim. If a person misses the deadline, they lose the right to claim damages from a defendant. Birth injury claims may have a more complicated statute of limitations than other medical malpractice claims.

A lawsuit is usually filed against the doctor or the hospital who caused the patient's injuries during labor and delivery. These types of cases are typically known as birthing injury lawsuits or wrongful birth suits however, Florida's laws permit parents to make a claim for medical malpractice for an infant's death.

In order to prove medical malpractice, the injured party will need to show that the doctor responsible did not follow the level of care and consideration required by a different health healthcare provider in similar situations. This includes failing to recognize an illness that is serious such as low levels of oxygen during childbirth that can cause cerebral palsy or brain damage.

Contacting a qualified attorney is the first step in filing a lawsuit for birth defects. Most attorneys offer free consultations to prospective clients. If an attorney believes the client's claim is legitimate, they will review the medical records of the client and then hire experts to review the claims. They will also help prepare documents and file the medical malpractice lawsuit in time.

Expert Witnesses

In cases that involves birth injuries, it is essential to be able to have medical experts explain to jurors the medical procedures and practices. However, expert witnesses can be difficult to work with because they have to carefully review huge quantities of information and make decisions based on the facts rather than opinions. They must also be willing to testify on things that may contradict their positions.

In the Daubert Case the plaintiffs' expert suggested that Bendectin was responsible for the birth defect of their child. The judge concluded that the evidence was at the "cutting edge of research in science, where reality meets theory, and certainty transforms into probability." However the judge did believe there was enough evidence to support the claim that Bendectin increased the chance of developing birth defects.

The Daubert ruling was a setback to the plaintiffs who had sued pharmaceutical companies to try and win justice. There are many avenues an injured person can pursue a lawsuit over a birth defect.

A Philadelphia birth defect lawyer can assist victims in determining if they have a case. A lawyer can assist victims determine if they're eligible to file an individual lawsuit or a class action. In certain cases, an attorney can file a lawsuit for birth injuries as part of a multidistrict litigation. To start, fill out the form on this page to request a a free and confidential consultation with a professional attorney.

Representation

Although the latest technology and advancements in the medical field have greatly reduced the risk of complications during childbirth and pregnancy however, they are not completely eliminated. If a birth defect or injury occurs and the cause is preventable, parents can seek legal action to cover the costs related to treatment.

Medical negligence claims usually stem from a doctor's failure to identify or treat a problem. A physician may fail to diagnose an ultrasound or make a mistake during surgery, resulting in birth defects like spina bifida. Other causes that can lead to birth defect lawsuits include improper medication for the mother or exposure to chemicals or other environmental hazards while the baby is developing in the womb.

A birth defect could affect any part of the newborn's body, affecting their health, appearance and function. In some instances birth defects may reduce the life expectancy of a newborn or lead to significant medical costs.

If you believe the birth defect or injury was caused by negligence or medical malpractice during pregnancy or labor seek out a qualified birth defect attorney today. A lawyer can assist you to identify your options and file a claim before the statute of limitations expires. A lawyer may also be competent to negotiate the settlement on your behalf with the parties accountable for the injuries your infant sustained.