Why Everyone Is Talking About Birth Defect Claim Right Now

How to File a Birth Defect Lawsuit

Modern medical technology and medicine have drastically decreased 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 as well as educational costs and other expenses. You must prove that the medical professional involved did not follow the standard of treatment prior to or during the birth or delivery.

Damages

Pregnancy is one of the most exciting and stressful experiences a parent can experience. Parents want their babies perfect, and doctors do everything to avoid birth defects. Inattention to medical issues and negligence can increase the risk for birth defects and injuries. Families who are shocked by this situation should consider suing for a birth defect.

A successful birth defect lawsuit can result in damages for a variety of different things. This includes suffering and pain for the victim as well as loss of consortium and medical expenses, not to mention lost earning capacity. The amount of damages that an individual victim will be awarded depends on the severity of the child's condition, and how much it has affected their standard of living.

Environmental exposures can cause birth injuries and birth Defect law Firms defects. Studies have shown that certain chemicals like pesticides, fungicides and lead, as well as paints and heavy metals can increase the chance of birth defects. Birth defect lawyers have filed lawsuits against companies that exposed their workers to harmful chemicals and pharmaceutical companies that make drugs like DES that may cause birth defects in fetuses.

If you believe that your child's birth defect or injury is the result of medical malpractice, you should speak with a skilled birth defect lawyer as quickly as you can. In certain states, there's only one year to file a medical malpractice lawsuit, and waiting more than that can mean losing your chance of getting the justice you need for your child's injuries.

Statute of limitations

A statute of limitation is a law that establishes the deadline for filing an action in civil court. Anyone who fails to meet the deadline will lose the right to pursue a defendant for damages. Birth injury claims 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 who caused the patient's injuries during labor and delivery. These cases can be known as birthing injuries lawsuits or wrongful birth lawsuits although Florida's laws permit parents to file a malpractice suit in the event of the death of an infant.

In order to prove medical malpractice, the injured party must prove that the doctor who was at fault didn't adhere to the level of care and consideration required by a different health medical professional in similar circumstances. This includes failing to diagnose an illness that is serious, for example, low oxygen levels during childbirth which can result in cerebral palsy and brain damage.

The first step in filing a birth defect lawsuit is to contact an experienced attorney. Many attorneys provide free consultations and case review to potential clients. If an attorney believes that the claim of a client is legitimate they will go over the medical records of the client and employ experts to assess the evidence. They will also assist in preparing documents and filing the medical malpractice lawsuit on time.

Expert Witnesses

In a case involving a birth injury, it is important to have experts who can explain medical practices and procedures to jurors. Expert witnesses can be difficult to testify because they have to scrutinize a vast amount of data to be able make decisions based on facts, not opinion. In addition, they must be prepared to testify about things that may contradict their positions.

In the Daubert case, the plaintiffs' experts argued that Bendectin caused birth defects for their child. The judge ruled that the evidence was at the "cutting edge of research in science, where fact meets theory and the certainty transforms into probability." However, the judge did not believe there was sufficient evidence that Bendectin doubled a baby's chance of developing birth defects.

The Daubert decision was an affront to plaintiffs who had filed lawsuits against pharmaceutical companies in an effort to obtain justice. There are a variety of avenues an injured person can seek a legal action over a birth defect.

A Philadelphia birth defect lawyer can provide victims with advice about whether they are eligible for a right to sue. A lawyer can determine whether the plaintiff is able to pursue a lawsuit by themselves or as part of an action class. In certain situations a lawyer may start a lawsuit for birth injuries as part of multidistrict litigation (MDL). Complete the form below to receive a confidential and free consultation with an attorney.

Representation

Although the advancements in technology and developments in the field of medicine have greatly reduced the risk of complications during childbirth and pregnancy, they are not entirely eliminated. When a birth defect or injury occurs and the cause could have been avoided, parents may pursue legal action to recover the costs associated with treatment.

Medical negligence claims usually stem from a doctor's failure to properly diagnose or treat a problem. A doctor may fail to diagnose an ultrasound or make a mistake during surgery, resulting in birth defects like spina bifida. Birth defects can also be caused by improper medication that is taken by the mother or exposure to chemicals and other environmental dangers during the child's development in the womb.

A birth defect can affect any part of a newborn's body. It can affect their health, function and appearance. In some instances birth defects can severely reduce a baby's life expectancy or result in a significant amount of medical expenses.

Contact an attorney for birth defects immediately if you believe your child's birth injury or defect was the result of medical negligence or mistakes during labor or pregnancy. A lawyer can help explain your options and assist you to make a claim prior the statute of limitations expiring. A lawyer might also be in a position to negotiate an agreement on behalf of you with the parties responsible for the injury to your child.