20 Birth Defect Claim Websites Taking The Internet By Storm

How to File a Birth Defect Lawsuit

Modern technology and advancements in medicine have dramatically reduced the risks associated with the birth of a child. Birth defects or injuries occur frequently.

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 must prove that medical professionals did not meet the standard of care prior to pregnancy or the birth of your child.

Damages

Pregnancy is one of the most exciting and stressful times in a parent's life. 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 risk of birth injuries and birth defects. A family that is stricken by this circumstance should think about taking legal action to remedy a birth defect.

A successful birth defect lawsuit could result in damages for many different things. This includes suffering for the victim as well as loss of consortium and medical expenses, in addition to lost earning capacity. The amount of damages a victim will receive will depend on the severity of their child's medical condition and the extent to which it has affected with their daily life.

Environmental exposures can result in birth defects and birth injuries. Research has shown that certain chemicals, like pesticides, fungicides lead, heavy metals and paints can increase the risk of birth defects. Birth defect lawyers have filed suits against companies that exposed workers to harmful chemicals, and against pharmaceutical companies that have produced medications that can cause birth defects in fetuses like DES.

If you suspect that your child's birth defect or birth defect law firms injury was the result of medical malpractice, you should consult a skilled birth defect lawyer as quickly as you can. In some states, there is only one year to file a medical negligence suit, and if you wait longer than that can mean losing your chance to get the justice you are due for the injury your child sustained.

Statute of Limitations

A statute of limitation is a law that sets the time limit for someone to file a civil lawsuit. If a claimant fails to file by the deadline, they will lose their right to seek damages from a defendant. Birth injury cases could have more complicated statutes of limitations than other kinds of medical malpractice claims.

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

In a case of medical malpractice the victim must prove that the doctor at fault did not follow the standard of care and consideration that another medical professional would have followed 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.

The first step in filing a birth defect lawsuit is to get in touch with a skilled attorney. Most attorneys offer free consultations and case review to prospective clients. If the attorney is convinced that a client has a valid claim they will examine medical records and appoint experts to evaluate the case. They can also assist in the preparation of documents and file the medical malpractice suit on time.

Expert Witnesses

In a case with birth injuries, it is crucial to have medical experts that can provide a jury with the medical practices and procedures. Expert witnesses can be difficult because they have to scrutinize a vast amount of data in order to make a decision based on facts, not opinion. They also have to be willing to testify on evidence that may conflict with their position.

In the Daubert case, the plaintiffs' experts suggested that Bendectin contributed to their child's birth defect law firm defects. The judge concluded that the evidence was "at the forefront of research in science where fact meets theories and certainty dissolves into probabilities." However, he did not believe there was enough evidence to conclude that Bendectin caused birth defects.

The Daubert decision was a blow to plaintiffs who had filed a lawsuit against pharmaceutical companies an effort to obtain justice. There are many ways for a person who has suffered injury to seek a legal action over the birth defect.

A Philadelphia birth defect lawyer can assist those suffering from birth defects to determine whether they are a victim. Lawyers can assist plaintiffs determine whether they are eligible to file a lawsuit on their own or a class action. In some cases attorneys can bring a lawsuit on behalf of a birth injuries as part of multidistrict litigation. To begin, fill out the form on this page for an initial consultation for free and confidential with a reputable attorney.

Representation

Although the latest technology and advances in the field of medicine have greatly reduced the risk of complications during childbirth and pregnancy but they aren't completely eliminated. If a birth defect or injury occurs, and the cause is preventable, parents can pursue legal action to pay for the costs related to treatment.

Medical negligence claims are typically based on a doctor's failure diagnose or treat a disease. A doctor may fail to conduct an ultrasound or make a mistake in surgery, resulting in a birth defect such as spina bifida. Birth defects can be caused by improper medication taken by the mother or exposure to chemicals and other environmental dangers that can affect the development of the baby during the womb.

A birth defect can affect any part of a newborn's body, and affect their health, performance and appearance. In some instances birth defects can decrease the lifespan of a baby or result in significant medical expenses.

If you think the birth defect or injury was the result of negligence or medical malpractice during pregnancy or labor get in touch with a reputable birth defect attorney today. A lawyer can assist you in understanding your options and assist you submit a claim prior to the time limit expiring. A lawyer can also negotiate a settlement with the parties responsible for the harm to your child.