The Unknown Benefits Of Birth Defect Claim

How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have greatly reduced the risks associated with the birth of a child. But, a birth defect or injury still happens 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 you are suing has violated the standard medical care during or before the pregnancy or birth.

Damages

Pregnancy is one of the most exciting and nerve-wracking moments in the life of a mother. Parents want their babies to be perfect, and doctors do everything they can to prevent birth defects. Unfortunately, negligence and carelessness on the part of medical professionals can increase the chance of birth defects and injuries. A family that is stricken by this news should think about suing for a birth defect.

A successful birth defect lawsuit may result in damages for a variety of different things. This can include the pain and suffering and loss of consortium medical expenses and lost earning capacity. The amount of damages 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.

Environmental exposures can lead to birth injuries and birth defects. Research has shown that pesticides, such as lead and fungicides and paints, heavy metals and heavy metals, may increase the risk of birth defects. Birth defect lawyers have filed lawsuits against companies that exposed employees to harmful chemicals as well as pharmaceutical companies that produce drugs such as DES that can cause birth defects in fetuses.

If you suspect that your child's birth defect, or birth injury is the result of medical malpractice, it is important to seek out a skilled birth defect lawyer as quickly as you can. In certain states, there is only one year to file a medical negligence suit, and waiting longer than that can mean losing your chance to get the justice you need for your child's injuries.

Statute of Limitations

A statute of limitations is a law which defines the time frame for which a person has to file a civil action. If a person fails to meet an expiration date will lose the right to claim damages against a defendant. Birth injury cases have more complicated statutes of limitations than other types of medical malpractice claims.

A lawsuit is typically filed against the medical professional or hospital that caused a patient's injuries during labor and birth. These cases are often known as birthing injuries suits or wrongful birth lawsuits however, Florida's laws allow parents to file a malpractice lawsuit in the event of the death of an infant.

To prove medical malpractice, the injured party must prove that the doctor who was at fault did not adhere to the standard of care and consideration expected by another health care provider in similar circumstances. This includes failing to diagnose a serious condition, such as low levels of oxygen in the childbirth process which can cause brain damage and cerebral palsy.

The first step to file a birth defect lawsuit is to reach an experienced attorney. The majority of lawyers offer free consultations to potential clients. If the lawyer believes that a client has a valid case, they will examine medical records and engage experts to examine the evidence. They can also assist in the preparation of documents and file the medical malpractice lawsuit on time.

Expert Witnesses

In a case involving birth injuries it is crucial to have experts who can explain medical practices and procedures to a jury. However, expert witnesses aren't easy to work with as they must be able to scrutinize massive quantities of information and make decisions based on evidence rather than their opinions. They must also be willing to testify about information that might contradict their views.

In the Daubert Case the plaintiffs' expert suggested that Bendectin was responsible for the birth defect in their child. The judge ruled that the evidence was "at the cutting-edge of research in science where fact meets theories and certainty dissolves into probabilities." However the judge was not convinced there was enough evidence that Bendectin caused birth defects.

The Daubert ruling was a setback for plaintiffs, who had sued pharmaceutical companies in order to obtain justice. However, there are various ways in which an injured party may pursue a lawsuit for birth defects.

A Philadelphia birth defect lawyer can assist victims in determining if they have a case. A lawyer can decide if the plaintiff is able to pursue a lawsuit by themselves or as part of an action class. In certain cases, a lawyer can make a birth injury claim as part of a multidistrict litigation (MDL). To begin, fill out the form below for a the opportunity to have a no-cost and confidential consultation with a licensed attorney.

Representation

Although the latest technology and advances in medicine have drastically reduced the chance of complications during pregnancy and childbirth but they aren't completely eliminated. Parents can seek legal action if they suffer a birth injury or defect occurs, and the reason could have been avoided.

Medical negligence claims tend to be due to a doctor's failure to diagnose or treat an illness. For instance, a doctor could neglect to perform an ultrasound exam or make an error during surgery, resulting in a birth defect similar to spina bifida. Other common causes of birth defect lawsuits (Read the Full Post) include improper medication for the mother or exposure to chemicals or other environmental dangers while the baby is growing in the womb.

A birth defect can affect any part of a newborn's body. It can impact their health, function and appearance. In some instances, birth defects can reduce the life expectancy of a newborn or lead to significant medical expenses.

If you suspect that your child's birth defect or injury was the result of medical malpractice or negligent care during labor or pregnancy consult a certified birth defect attorney today. A lawyer can help explain your options and assist you to submit a claim prior to the statute of limitations expiring. A lawyer can also negotiate a settlement with the responsible parties for the injury of your infant.