Why Birth Defect Claim Is Harder Than You Think

How to File a Birth Defect Lawsuit

Modern medicine and technology have greatly reduced the risks of childbirth. However, birth defects or injury is still a common occurrence.

A birth defect lawsuit seeks to pay your child's medical expenses, education costs and other losses. To pursue an action, you must demonstrate that a medical professional violated the standard of medical care before or during pregnancy or during the delivery.

Damages

Pregnancy is one of the most exciting and nerve-wracking moments in the life of a mother. Parents want their children to be perfect and doctors do everything they can to avoid birth defects. Unfortunately, negligence and carelessness on the part of medical practitioners can increase the risk of birth defects and injuries. In the event of this happening families that are shocked may want to seek justice through a birth defect lawsuit.

A successful birth defect lawsuit could result in damages for a number of different things. These include a victim's suffering and suffering as well as loss of consortium, medical expenses, and loss of earning capacity. The amount of damages the victim will receive is contingent on the degree of the child's health, and how much it has affected their quality of life.

Birth injuries and birth defects can be caused by a variety of factors that include exposure to environmental factors. Studies have shown that pesticides such as lead and fungicides as well as paints, heavy metals and heavy metals, can increase the risk of birth defects. Birth defect lawyers have filed suits against businesses that have exposed workers to toxic chemicals, as well against pharmaceutical companies who have manufactured medications that can cause birth defects in fetuses like DES.

If you suspect that medical error caused the birth injury or birth defect, seek out a birth defect lawyer immediately. In some states, you have only one year to file a medical negligence suit, and if you wait longer than that could mean losing your chance of getting the justice you need for your child's injuries.

Statute of Limitations

A statute of limitations is a law that determines the time limit for a person to file a civil lawsuit. If a person fails to meet a deadline loses the right to pursue a defendant for damages. Birth injury cases can have a more complicated statute of limitations than other medical malpractice claims.

A lawsuit is typically filed against the doctor or hospital that caused an injury to an individual during labor and delivery. These cases are usually referred to as birthing injury lawsuits or wrongful birth suits, although Florida's laws allow parents to pursue a medical malpractice suit for an infant's death.

In a lawsuit for medical malpractice the plaintiff must prove that the doctor at fault did not adhere to the standard of care and consideration other health care providers would have applied in similar circumstances. This includes failing diagnose an illness that is serious, for example, low levels of oxygen in the childbirth process which could lead to cerebral palsy and brain damage.

The first step to file a birth defect lawsuit is to get in touch with a skilled attorney. Many attorneys provide free consultations and case review to prospective clients. If the attorney is convinced that a client has a valid claim, they will examine medical records and hire expert witnesses to assess their credibility. They will also assist with the preparation of documents and file the medical malpractice lawsuit on time.

Expert Witnesses

In a case involving a birth injury it is essential to have experts who can explain medical procedures and practices to jurors. However, expert witnesses aren't easy to work with because they have to carefully review huge amounts of data and make decisions based on evidence rather than opinions. They must also be willing to testify on facts that might contradict their beliefs.

In the Daubert case, the plaintiffs' experts suggested that Bendectin contributed to the birth defects of their child. The judge ruled that the evidence was at the "cutting edge of research in science, where reality meets theory and the certainty transforms into probability." However, the judge did not believe there was enough evidence to prove that Bendectin doubled a baby's chance of developing birth defects.

The Daubert decision was a blow to plaintiffs that had filed a lawsuit against pharmaceutical companies the hope of obtaining justice. However, there are various ways in which the injured party could pursue a lawsuit for birth defects.

A Philadelphia birth defect lawyer can advise victims about whether they are eligible for a right to sue. Lawyers can determine if an individual plaintiff is eligible to pursue a lawsuit by themselves or as part of a class action. In certain instances a lawyer may file a birth injury lawsuit as part of a multidistrict litigation (MDL). Fill out the form to get a confidential and free consultation with an attorney.

Representation

While modern technology and recent developments in the field of medicine have greatly reduced the risk of complications during childbirth and pregnancy but they aren't completely eliminated. If a birth defect injury occurs, and the cause was preventable, parents can pursue legal action to cover the costs related to treatment.

Medical negligence cases typically result from a doctor's inability to diagnose or treat a condition. A physician may not perform an ultrasound or make a mistake in surgery, leading to birth defects like spina bifida. Other causes that can lead to birth defect lawsuits include an ineffective medication for the mother or exposure to chemicals or other environmental hazards when the baby is developing in the womb.

A birth defect can affect any part of a newborn's body. It can affect their health, function and appearance. In certain cases birth defects can decrease the lifespan of a baby or result in major medical expenses.

If you suspect that your child's birth defect or injury was due to medical malpractice or negligent care during pregnancy or labor, contact a qualified birth defect lawyer today. A lawyer can assist you understand your options and make a claim before the time limit expires. A lawyer might also be competent to negotiate a settlement on your behalf with the parties responsible for your infant's injury.