Birth Defect Claim Tips From The Best In The Industry

How to File a Birth Defect Lawsuit

Modern medicine and technology have greatly decreased the risks of childbirth. However, birth defects or injury still occurs frequently.

A birth defect lawsuit seeks to compensate your child for medical expenses, educational costs as well as other losses. To be able to file an action, you must demonstrate that medical professionals violated the standard of medical care before or during pregnancy or delivery.

Damages

Pregnancy is one of the most exciting and nerve-wracking times in a parent's life. Parents want their children to be perfect, and doctors work to do their best to stop birth defects from happening. Unfortunately, negligence and carelessness on the part of medical practitioners can increase the chance of birth injuries and birth defects. Families who are shocked by this circumstance should think about the possibility of suing over a birth defect.

A successful birth defect lawsuit can result in damages for a multitude of different things. This includes suffering for the victim along with loss of consortium and medical costs, as well as lost earning capacity. The amount of the damages a victim is awarded will depend on the severity of their child's illness and the extent that it has affected with their life quality.

Birth injuries and birth defects can be caused by a variety of causes such as exposure to environmental factors. Studies have proven that certain chemicals, such as pesticides, fungicides and lead, as well as heavy metals and paints can increase the chance of birth defects. Birth defect lawyers have brought lawsuits against companies that have exposed workers to these harmful chemicals, and also against pharmaceutical companies who have manufactured drugs that could cause birth defects in fetuses, like DES.

If you suspect medical malpractice caused your child's birth injury 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 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 sets the deadline for someone to file an action in civil court. If someone misses the deadline, they will lose the right to claim damages from a defendant. Birth injury claims may have a more complicated statute of limitations than other medical malpractice claims.

A lawsuit is usually filed against the medical professional or hospital who caused the patient's injuries during labor and birth. These cases are often 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 order to prove medical malpractice, the injured party must prove that the doctor at fault didn't adhere to the standard of care and consideration required by a different health medical professional in similar circumstances. This includes failing to recognize a serious illness, such as low levels of oxygen in the childbirth process which can lead to cerebral palsy and brain damage.

Contacting a reputable attorney is the first step towards filing an action for birth defects. The majority of lawyers offer free consultations to potential clients. If an attorney is convinced that the client's claim is legitimate they will look over the medical documents of the client and hire experts to evaluate the evidence. They will also help prepare documents and file the medical malpractice lawsuit within the timeframe.

Expert Witnesses

In a case which involves birth injuries, it's essential to be able to have medical experts provide a jury with the medical procedures and practices. Expert witnesses can be difficult since they must scrutinize the vast amount of information in order to make a decision in accordance with facts rather than opinion. They must also be willing to testify on information that might contradict their positions.

In the Daubert case the plaintiffs' experts claimed that Bendectin was the cause of their child's birth defects. The judge found that the evidence was on the "cutting edge of scientific research, where evidence is matched by theory, and certainty turns into probabilities." However the judge did consider there was enough proof that Bendectin doubled a baby's risk of developing birth defects.

The Daubert ruling was a setback for plaintiffs, who had suing pharmaceutical companies to get justice. However, there are many ways that an injured party may pursue a lawsuit for birth defects.

A Philadelphia birth defect lawyer can assist those suffering from birth defects to determine if they have a case. Lawyers can assist plaintiffs determine whether they are eligible to file a lawsuit on their own or a class action. In certain situations, a lawyer can start a lawsuit for birth injuries as part of multidistrict litigation (MDL). Complete the form below to receive a private and free consultation with an attorney.

Representation

Modern technology and recent advances in the field of medicine could have reduced the risk of complications occurring during childbirth and pregnancy, but they're still not completely eliminated. If a birth defect lawsuits defect injury occurs and the cause was preventable, parents can pursue legal action to pay for the costs associated with treatment.

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

A birth defect may affect any part of the newborn's body and affect their appearance, health, and functioning. In some cases birth defects can drastically reduce a baby's life expectancy, or cause a significant amount of medical costs.

Contact an attorney for birth defects immediately if you believe your child's birth defect or birth injury was caused by medical negligence or mistakes during labor or pregnancy. A lawyer can help you identify your options and make a claim before the deadline for filing a claim expires. A lawyer may also be in a position to negotiate the settlement on your behalf with the parties accountable for the injuries your infant sustained.