What Is Birth Defect Claim And How To Use It

How to File a Birth Defect Lawsuit

Modern technology and advancements in medicine have dramatically reduced the risks associated with childbirth. However, birth defects or injury still occurs frequently.

A birth defect lawsuit seeks reimbursement for medical expenses of your child or educational costs, among other expenses. You must prove that the medical professional in question violated the standard care during or before the birth or during pregnancy.

Damages

Pregnancy can be one of the most exciting yet nerve-wracking experiences in the life of a parent. Parents want their children to be perfect, and doctors strive to do all they can to prevent birth defects from occurring. However, carelessness and negligence on the part of medical practitioners can increase the risk of birth defects and injuries. When this occurs, a stunned family should consider seeking justice through a birth defect lawsuit.

A successful birth defect lawsuit can result in damages for a variety of different things. These include the victim's pain and suffering, loss of consortium, medical expenses, and loss of earning capacity. The amount of compensation an individual victim will be awarded depends on the severity of the child's medical condition and how it has affected their quality of living.

Birth defects and birth injuries can be caused by a number of factors such as environmental exposures. Studies have revealed that certain chemicals such as pesticides, fungicides lead, paints and heavy metals may increase the chance of birth defects. Birth defect lawyers have brought lawsuits against companies that have exposed workers to hazardous chemicals, as well as against pharmaceutical companies that have produced products that cause birth defects in fetuses, like DES.

If you suspect that medical negligence caused the birth injury of your child or birth defect, it is recommended to consult a lawyer for birth defects immediately. In some states, you only have one year to file a medical negligence suit, and waiting longer than that could result in losing your chance to obtain the justice you are due for the injury your child sustained.

Statute of Limitations

A statute of limitation is a law that sets the deadline for filing an action in civil court. If someone misses the deadline, they lose the right to claim damages from a defendant. Birth injury cases may have more complicated statutes of limitations than other types of medical malpractice cases.

A lawsuit is usually filed against the doctor or the hospital that caused a patient's injuries during labor and delivery. These types of cases are typically referred to as birthing injury lawsuits or wrongful birth suits however Florida's laws permit parents to make a claim for medical malpractice to bring a child's death.

In order to prove medical negligence, the person who was injured must prove that the doctor who was at fault did not adhere to the standards of care and consideration required by a different health healthcare provider in similar situations. This could include failing to recognize an illness that is serious, for example, low levels of oxygen during childbirth that can cause cerebral palsy and brain damage.

Contacting a qualified attorney is the first step in filing a lawsuit for birth defects. A majority of attorneys offer free consultations and case reviews to prospective clients. If an attorney believes that the claim of a client is legitimate they will examine the medical records of the client and then hire experts to assess the records. They can also assist in the preparation of documents and file the medical malpractice lawsuit in time.

Expert Witnesses

In cases which involves birth injuries, it's essential to have medical experts who are able to explain to jurors the medical practices and procedures. Expert witnesses can be difficult because they must scrutinize a large amount of information in order to make a decision in accordance with facts rather than opinions. Additionally, they must be willing to testify on facts that might conflict with their views.

In the Daubert case, the plaintiffs' experts argued that Bendectin caused their child's birth defects. The judge concluded 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 enough evidence that Bendectin doubled the chances of developing birth defects.

The Daubert ruling was a setback for plaintiffs who had sued pharmaceutical companies to win justice. Nonetheless, there are still various ways in which the injured party could pursue a lawsuit for birth defects.

A Philadelphia birth defect lawyer can assist those suffering from birth defects to determine whether they're eligible for a claim. A lawyer can assist clients determine if they're eligible to file a lawsuit on their own or a class action. In certain situations lawyers can start a lawsuit for birth injuries in the context of multidistrict litigation (MDL). Please fill out the form below to get a confidential and free consultation with an attorney.

Representation

While modern technology and recent advances in the field of medicine have greatly reduced the risk of complications during pregnancy and childbirth however, they are not completely eliminated. Parents can pursue legal action if they suffer a birth defect or birth injury occurs, and the cause could have been prevented.

Medical negligence claims are often caused by a doctor's inability to diagnose or treat an illness. A doctor might fail to perform an ultrasound or make a mistake during surgery, leading to birth defects such as spina bifida. Birth defects can be caused by a wrong medication that is taken by the mother or exposure to chemicals or other environmental dangers during the development of the baby in the womb.

A birth defect may affect any part of the newborn's body that can affect their health, appearance and performance. In certain instances birth defects can dramatically reduce a child's life expectancy or result in significant medical expenses.

Contact an attorney for birth defects immediately if you believe your child's birth defect or birth injury was the result of medical negligence or malpractice during pregnancy or labor. A lawyer can help discover your options and submit a claim before the time limit expires. A lawyer may also be competent to negotiate settlements on behalf of you with the parties accountable for the injury to your child.