The Reason Why Everyone Is Talking About Birth Defect Claim Right Now

How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have greatly reduced the risk of childbirth. But, a birth defect or injury still happens frequently.

A birth defect lawsuit seeks to compensate your child for medical expenses, education costs as well as other losses. To be able to file a claim, you need to establish that medical professionals did not meet the standard of care prior to pregnancy or the birth of your child.

Damages

Pregnancy can be one of the most exciting yet nerve-wracking experiences in the life of a parent. Parents want their babies to be perfect, and doctors work to do everything they can to prevent birth defects from happening. Unfortunately, negligence and carelessness on the part of medical professionals can increase the chance of birth injuries and birth defects. If this happens, a stunned family may want to seek justice through a birth defect lawsuit.

A successful birth defect lawsuit could result in damages for many different things. This can include pain and suffering for the victim as well as loss of consortium and medical costs, as well as loss of earning capacity. The amount of damages that an individual victim will be awarded depends on the severity of the child's condition and how much it has affected their standard of life.

Environmental exposures can cause birth injuries and birth defects. Research has shown that pesticides, including fungicides and lead as well as 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 toxic chemicals, as well against pharmaceutical companies that have produced drugs that could cause birth defects in fetuses such as DES.

If you believe that your child's birth defect or injury was the result of medical negligence, you must consult a reputable birth defect lawyer as quickly as possible. In some states, there's only one year to file a medical malpractice suit, and if you wait longer than that may mean losing the chance to receive the justice you have earned for your child's injury.

Statute of limitations

A statute of limitations is a law which establishes the time limit for someone to file an action in civil court. If a person fails to meet the deadline, they lose their right to seek damages from the defendant. Birth injury cases could have more complex statutes of limitations than other types of medical malpractice cases.

A lawsuit is usually brought against the hospital or doctor who caused injury to a patient during labor and delivery. These cases are often referred to as birthing injury lawsuits or wrongful birth suits, however Florida's laws permit parents to make a claim for medical malpractice in the event of a baby's death.

In a case of medical malpractice the plaintiff must prove the at-fault doctor did not follow the expected level of care and consideration another medical professional would have followed in similar circumstances. This includes failing to recognize a serious condition such as low oxygen levels in childbirth which could lead to cerebral palsy and brain damage.

Contacting a reputable attorney is the first step to filing an action for birth defects. Many attorneys provide free consultations to prospective clients. If the attorney believes that a client has a valid claim they will examine medical records and appoint experts to evaluate them. They will also help prepare documents and file the medical malpractice lawsuit within the timeframe.

Expert Witnesses

In a case involving birth injuries it is crucial to have experts who can explain medical practices and procedures before a jury. Expert witnesses aren't easy to work with since they must carefully examine massive amounts of evidence and be able to make decisions based on facts rather than their opinions. They must also be willing to provide evidence on matters that could contradict their position.

In the Daubert Case the plaintiffs' expert suggested that Bendectin is the reason for their child's birth defect. The judge concluded that the evidence was at the "cutting edge of scientific research, where fact meets theory and certainty dissolves into probability." However the judge did not believe there was enough evidence to prove that Bendectin increased the chance of developing birth defects.

The Daubert ruling was a setback for the plaintiffs, who had suing pharmaceutical companies to try and win justice. There are a variety of avenues for an injured party to bring a lawsuit based on the birth defect.

A Philadelphia birth defect lawyer can assist those suffering from birth defects to determine if they have a case. A lawyer can determine if the plaintiff is eligible to file a lawsuit individually or as part of a class action. In certain cases attorneys can file a lawsuit for birth injury as part of a multidistrict litigation. Please fill out the form below to get a confidential and free consultation with an attorney.

Representation

Modern technology and recent advancements in medical technology may have decreased the chance of complications occurring during pregnancy and childbirth, however they are not completely eliminated. When a birth defect or injury occurs and the cause was preventable parents may pursue legal action to pay for the costs associated with treatment.

Medical negligence claims are typically based on a doctor's failure identify or treat an illness. For example, a physician may not perform an ultrasound exam or make mistakes during surgery, which could result in a birth defect such as spina bifida. Other causes for a birth defect lawsuit are insufficient medication for the mother or exposure to chemicals or other environmental hazards while the baby develops in the womb.

A birth defect can affect any part of the body of a newborn and affect their health, appearance and function. In some cases, a birth defect can drastically reduce a baby's life expectancy or result in an enormous amount of medical costs.

Contact a birth defect lawyer now if you believe your child's birth injury or defect was the result of medical negligence or malpractice during pregnancy or labor. A lawyer can provide you with your options and assist you to make a claim before the statute of limitations expiring. A lawyer might also be able to negotiate an agreement on your behalf with the responsible parties for your infant's injury.