What Birth Defect Claim You ll Use As Your Next Big Obsession

How to File a birth defect law firm Defect Lawsuit

Modern technology and advances in medicine have drastically reduced the risk of childbirth. However, birth defects or injury still occurs frequently.

A birth defect law firm defect lawsuit seeks to compensate your child for medical expenses, education costs and other damages. To pursue such an action, you must prove that medical professionals did not meet the standard of care prior to pregnancy or delivery.

Damages

Pregnancy can be one of the most exciting yet nerve-wracking times in a parent's lifetime. Parents want their children to be perfect, and doctors attempt to do all they can to prevent birth defects from occurring. Unfortunately, carelessness and negligence on the part of medical practitioners can increase the chance of birth injuries and birth defects. If this happens the family of the victim should consider seeking justice through a birth defect lawsuit.

A successful birth defect lawsuit can result in damages for many different things. These include a victim's pain and suffering as well as loss of consortium, medical expenses, and loss of earning capacity. The amount of damages a victim will receive will depend on the severity of their child's illness and the extent to which it has affected with their quality of life.

Environmental exposures can lead to birth injuries and birth defects. Research has shown that certain chemicals, such as pesticides, fungicides and lead, as well paints and heavy metals may increase the chance of birth defects. Birth defect lawyers have filed suits against businesses that have exposed workers to toxic chemicals, as well against pharmaceutical companies that have developed medications that can cause birth defects in fetuses such as DES.

If you suspect that your child's birth defect or birth injury was the result of medical malpractice, it is important to consult a skilled birth defect lawyer as quickly as you can. In certain states, you are given one year to file a lawsuit claiming medical malpractice. If you wait longer and you don't, your child will not receive the justice they deserve.

Statute of Limitations

A statute of limitations is a law that establishes how long a person has to file a civil claim. A person who misses the deadline will lose the right to claim damages against a defendant. Birth injury claims may have a more complicated statute of limitations than other medical malpractice claims.

A lawsuit is typically filed against the doctor or the hospital that caused a patient's injuries during labor and delivery. These cases are sometimes called birthing injury lawsuits or wrongful birth lawsuits however Florida's laws permit parents to file a malpractice suit for the death of a child.

In a lawsuit for medical malpractice the plaintiff must prove the at-fault doctor failed to adhere to the standard of care and consideration that other health care providers would have used in similar circumstances. This could include failing to recognize serious conditions like low levels of oxygen in the childbirth process which can lead to cerebral palsy and brain damage.

Contacting a qualified attorney is the first step in filing a lawsuit against birth defects. Most attorneys offer free consultations to potential clients. If the attorney believes a client has a valid claim, they will review medical records and appoint experts to review the evidence. They will also assist in preparing documents and file the medical malpractice suit on time.

Expert Witnesses

In a case involving birth injuries, it is important to have experts who can explain medical practices and procedures to jurors. Expert witnesses aren't easy to work with as they must scrutinize huge amounts of data and be able to make decisions based upon facts rather than their opinions. They must also be willing to testify on facts that might contradict their position.

In the Daubert Case, the plaintiffs' expert argued that Bendectin was the cause of the birth defect in their child. The judge concluded that the evidence was at the "cutting edge of scientific research, where evidence meets theory, and certainty transforms into probability." However the judge did consider there was enough evidence that Bendectin doubled a baby's risk of developing birth defects.

The Daubert ruling was a setback for the plaintiffs who had sued pharmaceutical companies to try and win justice. There are numerous avenues for a person who has suffered injury to file a lawsuit for the birth defect.

A Philadelphia birth defect lawyer can provide victims with advice about whether they are eligible for claims. A lawyer can assist clients determine if they're qualified to file an individual lawsuit or a class action. In certain cases, an attorney can bring a lawsuit on behalf of a birth injury as part an interdistrict litigation. Fill out the form below to receive a confidential and free consultation with an attorney.

Representation

Modern technology and recent advancements in medical technology may have reduced the risk of complications occurring during pregnancy and childbirth, but they're not entirely eliminated. Parents may pursue legal action if they suffer a birth defect or birth injury occurs, and the cause could have been prevented.

Medical negligence claims are typically due to a doctor's failure to diagnose or treat an illness. For example, a physician might fail to conduct an ultrasound screening 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 improper medication for the mother or exposure to chemicals or other environmental hazards as the baby is growing in the womb.

A birth defect can affect any part of a newborn's body, and impact their health, function and appearance. In certain instances the birth defect can significantly diminish a baby's life expectancy or lead to a significant amount of medical expenses.

If you suspect your child's birth defect or injury is the result of medical malpractice or negligent care during labor or birth get in touch with a reputable birth defect attorney today. A lawyer can assist you in understanding your options and help you file a claim prior to the statute of limitation expiring. A lawyer can also negotiate a settlement with the parties accountable for the injury of your child.