Your Family Will Thank You For Getting This Birth Defect Claim

How to File a Birth Defect Lawsuit

Modern medical and technological advances have significantly reduced the risks of childbirth. But, a birth defect or injury still happens frequently.

A birth defect lawsuit seeks compensation for medical expenses of your child as well as educational costs and other expenses. You must prove that the medical professional who was involved did not follow the standard of treatment prior to or during the pregnancy or birth defect lawsuits.

Damages

Pregnancy can be one of the most exciting, yet nerve-wracking times during the lifetime of a parent. Parents want their babies to be perfect, and doctors try to do all they can to stop birth defects from happening. However, carelessness and negligence on the part of medical practitioners can increase the chance of birth injuries and birth defect attorney defects. If this happens, a stunned family ought to consider pursuing justice through a birth defect lawsuit.

A successful birth defect lawsuit could result in damages for a number of different things. This includes the victim's pain and suffering as well as loss of consortium, medical expenses, and loss of earning capacity. The amount of damages a victim receives will depend on the degree of their child's health and the extent to which it has affected in their quality of life.

Environmental exposures can result in birth injuries and birth defects. Studies have revealed that pesticides, including fungicides and lead and paints, heavy metals and heavy metals can increase the risk of birth defects. Birth defect lawyers have brought suits against businesses that have exposed workers to harmful chemicals, and against pharmaceutical companies that have produced drugs that could cause birth defects in fetuses such as DES.

If you suspect that your child's birth defect or injury is the result of medical negligence, you must speak with a skilled birth defect lawyer as soon as possible. In some states, there is only one year to file a medical negligence lawsuit, and waiting more than that can mean losing your chance to obtain the justice you have earned for your child's injury.

Statute of limitations

A statute of limitations is a law that determines the time frame for which a person has to file a civil lawsuit. If a claimant fails to file by the deadline, they lose their right to seek damages from the defendant. Birth injury cases may have more complicated statutes of limitations than other kinds of medical malpractice claims.

A lawsuit is typically brought against the doctor or hospital who caused injury to a patient during labor and delivery. 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 child.

In a lawsuit for medical malpractice the victim must prove that the doctor at fault was not adhering to the standard of care and consideration that another health care provider would have followed in similar circumstances. This includes failing to diagnose a serious condition such as low oxygen levels during childbirth that result in brain damage and cerebral palsy.

The first step in filing a birth defect lawsuit is to reach a skilled attorney. A majority of attorneys offer free consultations and case review to potential clients. If the attorney is convinced that a client has a valid claim, they will look over medical records and hire experts to evaluate their credibility. They will also assist in preparing documents and filing the medical malpractice lawsuit in time.

Expert Witnesses

In the case of a birth injury it is crucial to have experts who can explain medical procedures and practices to jurors. Expert witnesses can be difficult to work with as they must scrutinize huge amounts of data and make decisions based on facts rather than their opinions. In addition, they must be willing to testify about things that may contradict their opinions.

In the Daubert Case the plaintiffs' expert claimed that Bendectin caused their child's birth defect. The judge ruled that the evidence was "at the cutting edge of scientific research, where science meets theories and certainty transforms into probabilities." However the judge was not convinced there was sufficient evidence to prove that Bendectin caused birth defects.

The Daubert decision was a blow to plaintiffs who had sued pharmaceutical companies in an attempt to get justice. But there are various ways in which the injured party could pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer can assist victims about whether they have a right to sue. A lawyer can help plaintiffs determine if they are eligible to file a personal lawsuit or a class action. In some cases an attorney may be able to file a lawsuit for birth injury as part of a multidistrict litigation. To get started complete the form below for a a free and confidential consultation with a professional attorney.

Representation

Modern technology and recent advances in the medical field may have decreased the risk of complications occurring during childbirth and pregnancy, but they're still not completely eliminated. If a birth defect, or injury occurs, and the cause could have been avoided, parents may seek legal action to cover the costs associated with treatment.

Medical negligence claims are typically result from a doctor's inability diagnose or treat an illness. A physician may fail to diagnose an ultrasound or make a mistake in surgery, resulting in birth defects such as spina bifida. Other causes for a birth defect lawsuit include insufficient medication for the mother or exposure to chemicals or other environmental hazards while the baby is growing in the womb.

A birth defect can affect any part of the body of a baby and affect their health, performance and appearance. In certain cases birth defects can decrease the life expectancy of a newborn or lead to major medical expenses.

If you believe the birth defect or injury was caused by medical malpractice or negligent care during labor or pregnancy get in touch with a reputable birth defect lawyer today. A lawyer can explain your options and assist you file a claim prior to the statute of limitation expiring. A lawyer might also be capable of negotiating the settlement on your behalf with the responsible parties for the injuries your infant sustained.