What Birth Defect Claim Experts Want You To Know

How to File a Birth Defect Lawsuit

Modern medical and technological advances have significantly decreased the risks of childbirth. However, birth defects or injury still happens frequently.

A birth defect lawsuit seeks to recover for your child's medical expenses, educational costs, and other losses. You must prove that the medical professional you are suing breached the standard of treatment during or prior to the birth or delivery.

Damages

Pregnancy can be one of the most exciting, but nerve-wracking moments during the lifetime of a parent. Parents want their babies to be perfect, and doctors try to do their best to stop birth defects from happening. However, carelessness and negligence on the part of medical professionals can increase the chance of birth injuries and birth defects. A family that is stricken by this situation should consider taking legal action to remedy a birth defect.

A successful birth defect lawsuit can result in damages for a variety of different things. This includes suffering and pain for the victim as well as loss of consortium, medical expenses, as well as 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 impacted in their quality of life.

Birth injuries and birth defects can be caused by a number of factors which include environmental exposures. Research has shown that certain chemicals like pesticides, fungicides, lead, paints, and heavy metals can increase the chances of birth defects. Birth defect lawyers have filed suits against companies that exposed workers to toxic chemicals, as well against pharmaceutical companies who have manufactured drugs that can cause birth defects in fetuses such as DES.

If you suspect that medical negligence caused your child's birth injury or birth defect, you should consult a lawyer for birth defects immediately. In certain states, there is only one year to file a medical negligence suit, and waiting any longer than that can mean losing your chance to obtain the justice you are due for the injury your child sustained.

Statute of Limitations

A statute of limitations is a law which defines the time limit for a person to file a civil suit. A person who misses an expiration date will lose the right to seek damages from a defendant. Birth injury cases could have more complex statutes of limitations than other types of medical malpractice claims.

A lawsuit is usually filed against the doctor or hospital who caused injury to patients during labor or birth. These cases are often known as birthing injury lawsuits or wrongful birth suits, however, Florida's laws permit parents to file a medical malpractice suit to bring a child's death.

In a medical malpractice case the plaintiff must prove that the doctor at fault did not follow the expected level of care and consideration that other health care providers would have used in similar circumstances. This includes failing to recognize an illness that is serious, such as low oxygen levels during childbirth that result in brain damage and cerebral palsy.

A qualified attorney should be the first step to filing a lawsuit for birth defects (kizkiuz.Com). A majority of attorneys offer free consultations and case reviews for potential clients. If the attorney believes that a client has a valid case, they will look into medical records and appoint expert witnesses to assess them. They will also assist with the preparation of documents and file the medical malpractice lawsuit on time.

Expert Witnesses

In a case involving birth injuries, it is important to have experts who can explain medical practices and procedures before a jury. However, expert witnesses aren't easy to work with as they must be able to scrutinize massive amounts of information and be able to make decisions based on evidence rather than their opinions. They must also be prepared to testify about things that may contradict their views.

In the Daubert case, the plaintiffs' experts claimed that Bendectin was the cause of their child's birth defects. The judge concluded that the evidence was at the "cutting edge of research in science, where fact meets theory and certainty dissolves into probabilities." However the judge did believe there was enough evidence that Bendectin increased the chance of developing birth defects.

The Daubert decision was an affront to plaintiffs who had filed suit against pharmaceutical companies in an effort to obtain justice. However, there are many avenues for an injured person can pursue a lawsuit for birth defects.

A Philadelphia birth defect attorney can assist those suffering from birth defects to determine whether they have a case. Lawyers can determine if an individual plaintiff is eligible to file a lawsuit on their own or as part of an action class. In some cases lawyers may be able to make a birth injury claim as part of a multidistrict litigation (MDL). To begin, fill out the form on this page to request a an initial consultation for free and confidential with a qualified attorney.

Representation

Modern technology and recent advancements in medicine may have reduced the chance of complications arising during pregnancy and childbirth but they're still not completely eliminated. If a birth defect law firm defect, or injury occurs, and the cause could have been avoided, parents can seek legal action to pay for the costs related to treatment.

Medical negligence claims usually result from a doctor's inability to properly diagnose or treat a condition. A doctor might fail to conduct an ultrasound or make a mistake in surgery, leading to birth defects such as spina bifida. Birth defects can be caused by the wrong medication that is taken by the mother, or exposure to chemicals or other environmental dangers during the development of the baby during the womb.

A birth defect could affect any part of the body of a newborn, affecting their appearance, health and performance. In some instances birth defects can severely reduce a baby's life expectancy or result in a significant amount of medical expenses.

Contact an attorney for birth defects today if you believe that your child's birth defect or birth injury was caused by medical negligence or mistakes during labor or pregnancy. A lawyer can provide you with your options and assist you submit a claim prior to the time limit expiring. A lawyer might also be able to negotiate the settlement on behalf of you with the parties accountable for your infant's injury.