The Most Popular Birth Defect Claim It s What Gurus Do Three Things
How to File a Birth Defect Lawsuit
Modern technology and advances in medicine have drastically reduced the risks associated with birth. Birth defects or injuries continue to occur frequently.
A birth defect lawsuit seeks compensation for medical expenses of your child or educational costs, among other losses. To pursue such a claim, you need to demonstrate that medical professionals did not meet the standard of care before or during pregnancy or the birth of your child.
Damages
Pregnancy is among the most exciting and stressful times in a parent's life. Parents want their babies perfect, and doctors do everything to avoid birth defects. Unfortunately, negligence and carelessness on the part of medical professionals can increase the risk of birth injuries and birth defects. When this happens an astonished family might want to pursue justice via a birth defect lawsuit.
A successful birth defect lawsuit may result in damages for a variety of different things. This includes pain and suffering for the victim as well as loss of consortium and medical expenses, in addition to loss of earning capacity. The amount of damages a victim will receive will depend on the severity of their child's medical condition and the extent to which it has interfered in their quality of life.
Birth defects and birth injuries can be caused by a variety of causes which include environmental exposures. Studies have revealed 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 and pharmaceutical companies that produce drugs such as DES that could cause birth defects in fetuses.
If you suspect that medical negligence caused your child's birth injury or birth defect, you must seek out a birth defect lawyer immediately. In some states, you only have one year to file a medical malpractice suit, and waiting longer than that may mean losing your chance of getting the justice you are due for the injury your child sustained.
Statute of Limitations
A statute of limitation is a law that establishes the time limit for an individual to file an action in civil court. If a person misses the deadline, they lose the right to collect damages from the defendant. Birth injury claims may have a more complicated time limit than other medical malpractice claims.
A lawsuit is typically filed against the doctor or the hospital that caused injuries to a patient during labor and delivery. These cases are often called birthing injury suits or wrongful birth lawsuits however Florida's laws permit parents to file a malpractice suit for the death of a baby.
To prove medical malpractice, the party who suffered must prove that the doctor who was at fault didn't adhere to the standard of care and consideration required by a different health healthcare provider in similar circumstances. This includes not being able to identify an illness that is serious, such as low oxygen levels during childbirth which can cause cerebral palsy or brain damage.
The first step to file a birth defect lawsuit is to contact an experienced attorney. The majority of lawyers offer free consultations to potential clients. If an attorney believes the client's claim is legitimate, they will review the medical records of the client and employ experts to review the records. They will also assist in preparing documents and file the medical malpractice lawsuit in time.
Expert Witnesses
In a case involving a birth injury, it is important to have experts who can explain medical practices and procedures before a jury. Expert witnesses can be difficult to testify because they must scrutinize the vast amount of information to be able make decisions that are based on evidence rather than opinions. They must also be willing to testify on facts that might contradict their position.
In the Daubert Case the plaintiffs' expert claimed that Bendectin was responsible for the birth defect of their child. The judge ruled that the evidence was "at the forefront of scientific research, where evidence meets theories and certainty transforms 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 suing pharmaceutical companies to obtain justice. Nonetheless, there are still many ways that an injured party may pursue a birth defect lawsuit.
A Philadelphia birth defect lawyer can advise victims about whether they are eligible for claims. A lawyer can help plaintiffs determine whether they are qualified to file a lawsuit as an individual or a class action. In some cases a lawyer may start a lawsuit for birth injuries in the context of multidistrict litigation (MDL). To get started by filling out the form on this page to request a the opportunity to have a no-cost and confidential consultation with a reputable attorney.
Representation
Although the latest technology and advancements in the medical field have significantly reduced the risk of complications during pregnancy and childbirth but they aren't completely eliminated. Parents can seek legal action if a birth defect or birth injury occurs, and the cause could have been prevented.
Medical negligence claims often result from a doctor's inability to identify or treat a problem. A doctor might not perform an ultrasound or make a mistake in surgery, leading to birth defects such as spina bifida. Other causes for a birth defect lawsuit include insufficient medication for the mother or exposure to chemicals or other environmental hazards as the baby develops in the womb.
A birth defect can affect any part of a newborn's body, and impact their health, function and appearance. In some cases the birth defect could severely reduce a baby's life expectancy or lead to a significant amount of medical expenses.
Contact a birth defect lawyer today if you suspect that your child's birth injury or defect was the result of medical negligence or negligence during labor or pregnancy. A lawyer can explain your options and help file a claim prior to the statute of limitation expiring. A lawyer can also negotiate an agreement with the parties responsible for the injury of your child.