Ten Things Everyone Misunderstands Concerning Birth Defect Claim

How to File a Birth Defect Lawsuit

Modern technology and advancements in medicine have dramatically reduced the risks associated with childbirth. Birth defects or injuries still occur frequently.

A birth defect lawsuit seeks to compensate your child for medical expenses, educational costs, and other losses. To pursue an action, you must establish that medical professionals breached the standard of care prior to or during pregnancy or during the delivery.

Damages

Pregnancy is among the most exciting and stressful experiences a parent can experience. Parents want their babies to be perfect, and doctors strive to do everything they can to stop birth defects from happening. Inattention to medical issues and negligence can increase the risk for birth defects and injuries. Families who are shocked by this circumstance should think about suing for a birth defect.

A successful birth defect lawsuit could result in damages for many different things. This includes pain and suffering for the victim along with loss of consortium and medical costs, as well as loss of 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 affected with their quality of life.

Environmental exposures can result in birth defects and birth injuries. Research has shown that certain chemicals, like fungicides, pesticides and lead, as well as paints and heavy metals can increase the chances of birth defects. Birth defect lawyers have filed lawsuits against companies that have exposed workers to these toxic chemicals, as well against pharmaceutical companies that have made products that cause birth defects in fetuses, like DES.

If you suspect medical malpractice caused the birth injury or birth defect, it is recommended to seek out a birth defect lawyer immediately. In some states, there is only one year to file a medical malpractice lawsuit, and waiting more than that could result in losing your chance to get the justice you have earned for your child's injury.

Statute of limitations

A statute of limitations is a law that establishes the deadline for filing an action in civil court. If a person fails to meet an expiration date will lose the right to seek damages from a defendant. Birth injury cases have more complicated statutes of limitations than other types of medical malpractice claims.

A lawsuit is usually filed against the hospital or doctor who caused the patient's injuries during labor and delivery. These cases are sometimes called birthing injury lawsuits or wrongful birth lawsuits, however Florida's laws allow parents to file a malpractice suit in the event of the death of an infant.

In a medical malpractice case the injured party must prove the at-fault doctor was not adhering to the standards of care and consideration that other health care providers would have utilized in similar circumstances. This includes failing to recognize a serious condition for example, low levels of oxygen during childbirth that result in cerebral palsy or brain damage.

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

Expert Witnesses

In a case involving birth injuries it is essential to have experts who can explain medical procedures and practices to jurors. Expert witnesses can be difficult to work with because they have to carefully review huge amounts of evidence and make decisions based on facts rather than opinions. They also have to be willing to testify about facts that may conflict with their opinions.

In the Daubert Case the plaintiffs' expert suggested that Bendectin caused their child's birth defect. The judge ruled that the evidence was "at the cutting-edge of scientific research where fact meets theories and the certainty is transformed into probabilities." However, he did not believe there was enough evidence that Bendectin caused birth defects.

The Daubert ruling was a setback to the plaintiffs, who had sued pharmaceutical companies to obtain justice. There are many avenues an injured person can pursue a lawsuit over a birth defect law firm defect.

A Philadelphia birth defect attorney can assist victims in determining whether they have a case. A lawyer can assist clients determine if they're eligible to file a lawsuit on their own or a class action. In certain cases lawyers can file a lawsuit for birth injuries as part a multidistrict lawsuit. To start you must fill out the form on this page to request a a free and confidential consultation with a licensed lawyer.

Representation

Although the latest technology and developments in the field of medicine have drastically reduced the chance of complications during pregnancy and childbirth but they aren't completely eliminated. Parents may pursue legal action if they suffer a birth defect or birth injury occurs, and the reason could have been prevented.

Medical negligence claims are typically based on a doctor's failure diagnose or treat a disease. For instance, a doctor could neglect to perform an ultrasound screening or make mistakes during surgery, resulting in a birth defect, such as spina bifida. Other causes that can lead to a birth defect lawsuit are improper medication for the mother or exposure to chemicals or other environmental hazards while the baby is developing in the womb.

A birth defect can affect any part of a newborn's body and affect their health, function and appearance. In certain instances, a birth defect can significantly diminish a baby's life expectancy or result in significant medical costs.

Contact a birth defect lawyer today if you suspect that your child's birth defect or injury was the result of medical negligence or mistakes during labor or pregnancy. A lawyer can help explain your options and assist you to submit a claim prior to the deadline for filing. A lawyer may also be in a position to negotiate settlements on behalf of you with the responsible parties for your infant's injury.