5 Birth Defect Claim Projects For Every Budget

How to File a Birth Defect Lawsuit

Modern technology and advancements in medicine have dramatically reduced the risk of childbirth. But, a birth defect or injury is still a common occurrence.

A birth defect lawsuit seeks to compensate your child for medical expenses, educational costs and other damages. To be able to pursue a claim, you need to demonstrate that medical professionals did not meet the standard of care prior to or during pregnancy or the birth of your child.

Damages

Pregnancy is one of the most exciting and nerve-wracking moments in the life of a parent. Parents want their children to be perfect, and doctors strive to do everything possible to prevent birth defects from happening. Unfortunately, negligence and carelessness on the part of medical professionals can increase the chance of birth injuries and birth defects. If this happens the family of the victim ought to consider pursuing justice through a birth defect lawsuit.

A successful birth defect suit can result in damages for a variety of different things. This can include pain and suffering for the victim as well as loss of consortium and medical costs, as well as loss of earning capacity. The amount of the damages a victim is awarded will depend on the severity of their child's illness and the extent to which it has impacted with 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 revealed that pesticides such as lead and fungicides as well as heavy metals, paints, and heavy metals, could increase the risk of birth defects. Birth defect lawyers have filed lawsuits against companies that exposed employees to harmful chemicals and pharmaceutical companies that manufacture drugs like DES that can cause birth defects in fetuses.

If you believe that your child's birth defect, or birth injury is the result of medical malpractice, you should consult a skilled birth defect lawyer as soon as possible. In some states, you have only one year to file a medical negligence suit, and waiting any longer than that can mean losing the chance to receive the justice you are due for the injury your child sustained.

Statute of Limitations

A statute of limitations is a law that establishes how long a person has to file a civil action. A person who misses the deadline will lose the right to pursue a defendant for damages. Birth injury cases could have more complex statutes of limitations than other types of medical malpractice cases.

A lawsuit is usually brought against the doctor or hospital who caused injury to patients during labor or birth. These cases are often called birthing injury lawsuits or wrongful birth suits however Florida's laws permit parents to make a claim for medical malpractice for the death of an infant.

In a medical malpractice lawsuit the injured party must prove the at-fault doctor was not adhering to the standard of care and consideration that any other medical professional would have utilized in similar circumstances. This includes failing to recognize an illness that is serious, for example, low levels of oxygen in the childbirth process that can cause cerebral palsy and brain damage.

A qualified attorney should be the first step to filing a lawsuit against birth defects. A majority of attorneys offer free consultations to prospective clients. If the attorney believes a client has a valid claim they will look into medical records and employ expert witnesses to assess their credibility. They will also assist in preparing documents and filing the medical malpractice lawsuit on time.

Expert Witnesses

In cases which involves birth injuries, it's essential to have medical experts who can provide a jury with the medical procedures and practices. However, expert witnesses can be difficult to work with since they must scrutinize huge amounts of data and make decisions based upon facts rather than their opinions. They should also be prepared to testify about facts which may contradict their position.

In the Daubert case the plaintiffs' experts argued that Bendectin caused birth defects for their child. The judge found that the evidence was at the "cutting edge of scientific research, where evidence meets theory and certainty dissolves into probabilities." However the judge did not consider there was enough evidence that Bendectin doubled a baby's chance of developing birth defects.

The Daubert decision was a blow to plaintiffs who had filed lawsuits against pharmaceutical companies in seeking justice. There are a variety of avenues for an injured party to file a lawsuit for a birth defect.

A Philadelphia birth defect lawyer can assist victims about whether they are eligible for a right to sue. Lawyers can determine if the plaintiff is able to file a lawsuit on their own or as part of an action class. In some cases an attorney may be able to bring a lawsuit on behalf of a birth injury as part of a multidistrict lawsuit. To begin complete the form here for an unreserved and confidential consultation with a licensed lawyer.

Representation

Although the latest technology and advances in medicine have greatly reduced the risk of complications during childbirth and pregnancy however, they are not completely eliminated. Parents can seek legal action if a birth injury or defect occurs, and the cause could have been avoided.

Medical negligence claims are usually based on a doctor's failure identify or treat an illness. Physicians may fail to perform an ultrasound or make a mistake during surgery, leading to birth defects such as spina bifida. Other common causes of Birth defect lawsuits (Anp-pack.com) include an ineffective 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 which can affect their appearance, health, and performance. In some cases birth defects can significantly diminish a baby's life expectancy or result in an enormous amount of medical expenses.

If you believe your child's birth defect or injury was caused by medical malpractice or negligent care during labor or birth seek out a qualified birth defect attorney today. A lawyer can help explain your options and assist you make a claim before the deadline for filing. A lawyer might also be in a position to negotiate a settlement on your behalf with the parties responsible for your infant's injury.