Your Family Will Be Grateful For Having This Birth Defect Claim

How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have significantly reduced the risk of the birth of a child. However, birth defects or injury can still happen frequently.

A birth defect lawsuit seeks to compensate your child for medical expenses, educational costs, and other losses. You must prove that the medical professional who was involved violated the standard treatment prior to or during the birth or delivery.

Damages

Pregnancy can be one of the most exciting but nerve-wracking moments in a parent's lifetime. Parents want their children to be perfect, and doctors work to do everything possible to prevent birth defects from occurring. Unfortunately, carelessness and negligence on the part of medical professionals can increase the chance of birth defect attorneys injuries and birth defects. Families who are shocked by this circumstance should think about seeking legal action for a birth defect.

A successful birth defect lawsuit could result in damages for a multitude of different things. This includes pain and suffering for the victim as well as loss of consortium, medical expenses, in addition to lost earning capacity. The amount of compensation the victim will be awarded is contingent on the degree of the child's health and how it has affected their standard of life.

Birth injuries and birth defects can be caused by a number of causes, including exposure to environmental factors. Studies have shown that certain chemicals, such as pesticides, fungicides lead, paints and heavy metals may increase the chance of birth defects. Birth defect lawyers have filed suits against companies that exposed workers to harmful chemicals, and against pharmaceutical companies who have manufactured drugs that could cause birth defects in fetuses, like DES.

If you suspect medical malpractice caused the birth injury or birth defect, you should consult a lawyer for birth defects immediately. In certain states, you have only one year to file a suit for medical malpractice. If you wait longer and you don't, your child will never receive the justice they deserve.

Statute of Limitations

A statute of limitations is a law which defines the time frame for which a person has to file a civil suit. Anyone who fails to meet an expiration date will lose the right to pursue a defendant for damages. Birth injury cases may have more complex statutes of limitations than other types of medical malpractice cases.

A lawsuit is usually filed against the hospital or doctor that caused a patient's injuries during labor and birth. These cases are often known as birthing injuries suits or wrongful birth lawsuits, although Florida's laws permit parents to file a malpractice lawsuit in the event of the death of a baby.

In a medical malpractice case the victim must prove that the doctor at fault failed to adhere to the expected level of care and consideration another medical professional would have utilized in similar circumstances. This includes failing to diagnose serious conditions like low oxygen levels during childbirth that can cause cerebral palsy and brain damage.

Contacting a qualified attorney is the first step to file a lawsuit against birth defects. A majority of attorneys offer free consultations and case review to potential clients. If the lawyer believes that a client has a valid claim they will look over medical records and employ experts to evaluate the evidence. They can also assist in the preparation of documents and filing the medical malpractice suit within time.

Expert Witnesses

In a case involving birth injuries, it's essential to have medical experts that can explain to a jury the medical procedures and practices. Expert witnesses can be difficult since they have to scrutinize a large amount of information to be able make decisions that are based on evidence rather than opinions. They should also be prepared to provide evidence on matters that might contradict their opinion.

In the Daubert case, the plaintiffs' experts suggested that Bendectin caused their child's birth defects. The judge found that the evidence was on the "cutting edge of scientific research, where evidence meets theory and certainty dissolves into probabilities." However the judge did believe there was sufficient evidence to prove that Bendectin doubled the chances of developing birth defects.

The Daubert ruling was a setback for plaintiffs, who had filed a lawsuit against pharmaceutical companies to obtain justice. But there are numerous avenues that 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. A lawyer can help plaintiffs determine if they are qualified to file a personal lawsuit or a class action. In certain cases, a lawyer can start a lawsuit for birth injuries in the context of multidistrict litigation (MDL). To get started complete the form here for an unreserved and confidential consultation with a professional attorney.

Representation

Modern technology and recent advances in the field of medicine could have reduced the risk of complications occurring during childbirth and pregnancy, but they're not completely eliminated. Parents can take legal action if a birth defect or birth injury occurs, and the reason could have been avoided.

Medical negligence claims typically stem from a doctor's failure to recognize or treat a problem. A doctor may fail to conduct an ultrasound or make a mistake during surgery, leading to birth defects such as spina bifida. Birth defects can also be caused by improper medication taken by the mother, or exposure to chemicals or other environmental dangers during the child's development during the womb.

A birth defect could affect any part of the body of a newborn which can affect their appearance, health and functioning. In some cases birth defects can dramatically reduce a child's life expectancy or lead to an enormous amount of medical expenses.

Contact an attorney for birth defects now if you believe your child's birth defect or birth injury was the result of medical negligence or malpractice during pregnancy or labor. A lawyer can help discover your options and file a claim before the statute of limitations expires. A lawyer might also be in a position to negotiate a settlement on your behalf with the parties accountable for the injury to your child.