What Is The Reason Birth Defect Claim Is Right For You

How to File a Birth Defect Lawsuit

Modern technology and advancements in medicine have dramatically reduced the risks associated with the birth of a child. However, birth defects or injury still occurs frequently.

A birth defect lawsuit seeks to compensate your child for medical expenses, education costs and other damages. You must prove that the medical professional you are suing did not follow the standard of treatment prior to or during the birth or during pregnancy.

Damages

Pregnancy can be one of the most exciting, yet nerve-wracking events in a parent's lifetime. Parents want their babies to be perfect, and doctors strive to do their best to stop birth defects from happening. Medical negligence and carelessness can increase the risk for birth defects and injuries. A family that is stricken by this circumstance should think about taking legal action to remedy a birth defect.

A successful birth defect lawsuit can result in damages for a number of different things. This includes suffering for the victim, loss of consortium and medical expenses, as well as loss of earning capacity. The amount of compensation an individual victim will be awarded depends on the severity of the child's medical condition, and how much it has affected their quality of living.

Birth defects and birth injuries can be caused by a variety of causes which include environmental exposures. Studies have proven that certain chemicals such as pesticides, fungicides lead, paints and heavy metals may increase the likelihood of birth defects. Birth defect lawyers have filed lawsuits against companies that exposed their workers to harmful chemicals, as well as pharmaceutical companies that make drugs such as DES that could cause birth defects in fetuses.

If you suspect that medical negligence caused the birth injury of your child or birth defect, consult a lawyer for birth defects immediately. In some states, you have only one year to file a lawsuit against medical malpractice. If you delay and you don't, your child will not receive the justice they deserve.

Statute of Limitations

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

A lawsuit is typically filed against the hospital or doctor that caused injuries to a patient during labor and delivery. These types of cases are typically called birthing injuries lawsuits or wrongful birth suits though Florida's laws allow parents to file a medical malpractice suit in the event of a baby's death.

In order to prove medical negligence, the person who was injured will need to show that the doctor who was at fault did not follow the level of care and consideration expected by another health medical professional in similar circumstances. This includes not being able to identify a serious illness such as low levels of oxygen during childbirth that result in cerebral palsy and brain damage.

Contacting a qualified attorney is the first step towards filing a lawsuit for birth defect attorneys defects. Most attorneys offer free consultations and case reviews to potential clients. If an attorney is convinced that the claim of a client is valid they will examine the medical records of the client and employ experts to assess the evidence. They will also assist in preparing documents and filing the medical malpractice suit within time.

Expert Witnesses

In a case involving birth injuries it is essential to have experts who can explain medical practices and procedures to a jury. However, expert witnesses can be difficult to work with as they must be able to scrutinize massive quantities of information and be able to make decisions based on the facts rather than opinions. They must also be willing to testify about facts that may conflict with their opinion.

In the Daubert case the plaintiffs' experts claimed that Bendectin contributed to their child's birth defects. The judge concluded that the evidence was "at the cutting-edge of scientific research where fact meets theories and certainty transforms into probabilities." However, he did not believe there was enough evidence that Bendectin caused birth defects.

The Daubert decision was a blow to plaintiffs that had filed a lawsuit against pharmaceutical companies an effort to obtain justice. However, there are various ways in which an injured person can pursue a lawsuit for birth defects.

A Philadelphia birth defect lawyer can assist victims about whether they are eligible for claims. Lawyers can assist plaintiffs determine whether they are eligible to file a lawsuit on their own or a class action. In certain cases attorneys can make a claim for birth injury as part a multidistrict lawsuit. To start by filling out the form below for a an unreserved and confidential consultation with a reputable attorney.

Representation

Modern technology and recent advancements in medical technology may have decreased the chance of complications arising during pregnancy and childbirth, however they're not completely eliminated. Parents may pursue legal action if they suffer a birth defect or birth injury occurs, and the reason could have been avoided.

Medical negligence claims tend to be result from a doctor's inability diagnose or treat a disease. For example, a physician might fail to conduct an ultrasound screening or make mistakes during surgery, which could result in a birth defect similar to 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 in the womb.

A birth defect could affect any part of the newborn's body which can affect their health, appearance and functionality. In certain instances the birth defect could dramatically reduce a child's life expectancy, or cause significant medical expenses.

If you suspect your child's birth defect or injury was due to medical malpractice or negligent care during pregnancy or labor get in touch with a reputable birth defect attorney today. A lawyer can help you determine your options and file a claim before the statute of limitations runs out. A lawyer can also negotiate a settlement with the responsible parties for the harm to your child.