5 Birth Defect Claim Projects For Every Budget

How to File a Birth Defect Lawsuit

Modern medicine and technology have greatly reduced the risks of childbirth. However, birth defects or injury still occurs frequently.

A birth defect lawsuit seeks to recover for medical expenses of your child education costs, as well as other expenses. To pursue such claims, you must establish that a medical professional violated the standard of medical care prior to pregnancy or the birth of your child.

Damages

Pregnancy can be one of the most exciting, yet nerve-wracking experiences during the lifetime of a parent. Parents want their babies perfect and doctors do their best to avoid birth defects. However, carelessness and negligence on the part of medical professionals can increase the chance of birth defect lawyers injuries and birth defects. Families who are shocked by this news should think about seeking legal action for a birth defect.

A successful birth defect lawsuit could result in damages for a number of different things. This can include the pain and suffering, loss of consortium, medical expenses and lost earning capacity. The amount of damages a victim will receive will depend on the severity of their child's illness and the extent to which it has interfered with their daily life.

Birth defects and birth injuries can be caused by a number of factors which include exposure to environmental factors. Research has shown that certain chemicals like fungicides, pesticides, lead, paints and heavy metals may increase the chances of birth defects. Birth defect lawyers have filed lawsuits against companies that exposed workers to these toxic chemicals, as well against pharmaceutical companies that have produced drugs that can cause birth defects in fetuses, such as DES.

If you suspect that your child's birth defect or birth injury was caused by medical negligence, you must consult a reputable birth defect lawyer as soon as you can. In some states, you have only one year to file a lawsuit against medical malpractice. If you wait, it could mean that your child won't get the justice they deserve.

Statute of limitations

A statute of limitations is a law that sets the deadline for a person to file an action in civil court. If a person fails to meet the deadline, they will lose their right to seek damages from the defendant. Birth injury claims can be more complex in terms of the statute of limitations than other medical malpractice claims.

A lawsuit is usually filed against the doctor or the hospital that caused injuries to a patient during labor and birth. These cases are often referred to as birthing injury lawsuits or wrongful birth suits, however, Florida's laws permit parents to pursue a medical malpractice suit to bring a child's death.

In a medical malpractice lawsuit the victim must prove the at-fault doctor was not adhering to the expected level of care and consideration that any other medical professional would have applied in similar circumstances. This includes failing to recognize a serious condition like low oxygen levels during childbirth that result in cerebral palsy or brain damage.

The first step to file a birth defect lawsuit is to contact a skilled attorney. Many attorneys provide free consultations and case review to prospective clients. If an attorney believes the claim of a client is legitimate they will look over the medical records of the client and then hire experts to review the claims. They will also help prepare documents and file the medical malpractice lawsuit in time.

Expert Witnesses

In a birth injury case it is crucial to have experts who can explain medical practices and procedures before a jury. Expert witnesses can be difficult because they have to carefully review an extensive amount of information in order to make a decision based on facts, not opinion. They must also be willing to provide evidence on matters that may conflict with their opinion.

In the Daubert Case, the plaintiffs' expert believed 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 dissolves into probabilities." However the judge did not believe there was enough evidence that Bendectin caused birth defects.

The Daubert decision was a blow to plaintiffs who had sued pharmaceutical companies in the hope of obtaining justice. There are many ways for a victim to bring a lawsuit based on the birth defect.

A Philadelphia birth defect attorney can help victims determine if they have a case. A lawyer can decide if the plaintiff is able to pursue a lawsuit by themselves or as part of a class action. In some cases attorneys can make a claim for birth injury as part of multidistrict litigation. Fill out the form for a confidential and free consultation with an attorney.

Representation

Although modern technology and recent advancements in the medical field have significantly reduced the risk of complications during childbirth and pregnancy However, they aren't eliminated. If a birth defect injury occurs, and the cause was preventable parents may pursue legal action to recover the costs associated with treatment.

Medical negligence claims are typically caused by a doctor's inability to identify or treat an illness. Physicians may fail to perform an ultrasound or make a mistake during surgery, leading to birth defects like spina bifida. Other causes that can lead to a birth defect lawsuit include inadequate 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 the newborn's body and affect their health, appearance and functioning. In certain instances the birth defect could severely reduce a baby's life expectancy, or cause a significant amount of 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 consult a certified birth defect lawyer today. A lawyer can assist you discover your options and submit a claim before the statute of limitations runs out. A lawyer can also negotiate an agreement with the parties responsible for the injuries suffered by your infant.