The Best Birth Defect Claim Experts Are Doing Three Things

How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have drastically reduced the risk of birth. However, birth defects or injury still occurs frequently.

A birth defect lawsuit seeks to pay your child's medical expenses, education costs and other losses. To be able to pursue a claim, you must establish that a medical professional breached the standard of care prior to or during pregnancy or the birth of your child.

Damages

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

A successful birth defect lawsuit could result in damages for many different things. These include the victim's suffering and suffering and loss of consortium, medical expenses, and loss of earning capacity. The amount of damages a victim will receive will depend on the severity of their child's condition and the extent to which it has interfered in their quality of life.

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

If you suspect that medical error caused your child's birth injury or birth defect, you must consult a lawyer for birth defects immediately. In some states, there's only one year to file a medical negligence suit, and waiting longer than that may mean losing the chance to receive the justice you deserve for your child's injury.

Statute of limitations

A statute of limitation is a law that defines the time limit for filing an action in civil court. If a claimant fails to file by the deadline, they lose the right to collect damages from a defendant. Birth injury cases may have more complicated statutes of limitations than other types of medical malpractice cases.

A lawsuit is typically brought against the doctor or hospital who caused injury to a patient during labor and birth. These cases are usually known as birthing injury lawsuits or wrongful birth suits, although Florida's laws allow parents to pursue a medical malpractice suit for the death of an infant.

To prove medical malpractice, the victim must prove that the doctor who was at fault did not follow the standard of care or consideration required by a different health healthcare provider in similar situations. This includes failing diagnose an illness that is serious, for example, low oxygen levels during childbirth which could lead to cerebral palsy and brain damage.

A qualified attorney should be the first step to filing a lawsuit against birth defects. Most attorneys offer free consultations to potential clients. If the attorney believes a client has a valid claim they will look over medical records and appoint experts to evaluate their credibility. 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 essential to have medical experts that can explain to jurors the medical practices and procedures. However, expert witnesses can be difficult to work with as they must carefully examine massive amounts of information and make decisions based upon facts rather than opinions. They also have to be willing to testify on facts that could contradict their opinion.

In the Daubert case the plaintiffs' experts claimed that Bendectin had caused their child's birth defect attorney defects. The judge found that the evidence was on the "cutting edge of scientific research, where evidence meets theory, and certainty transforms into probability." However the judge did not believe there was sufficient evidence to support the claim that Bendectin increased the chance of developing birth defects.

The Daubert ruling was a setback for plaintiffs, who had filed a lawsuit against pharmaceutical companies to try and obtain justice. But there are many avenues for an injured person can 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 determine if the plaintiff is eligible to pursue a lawsuit by themselves or as part of an action class. In certain instances lawyers may be able to bring a birth injury lawsuit as part of multidistrict litigation (MDL). To start, fill out the form here for an unreserved and confidential consultation with a licensed attorney.

Representation

Modern technology and recent advancements in medicine may have decreased the risk of complications occurring during pregnancy and childbirth, however they are not completely eliminated. Parents can pursue legal action if a birth injury or defect occurs, and the reason could have been prevented.

Medical negligence claims are typically caused by a doctor's inability to diagnose or treat a disease. Physicians may not perform an ultrasound or make a mistake during surgery, leading to birth defects such as spina bifida. Birth defects can be caused by the wrong medication taken by the mother or exposure to chemicals or other environmental dangers during the child's development in the womb.

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

Contact an attorney for birth defects immediately if you believe your child's birth injury or defect was caused by medical negligence or malpractice during pregnancy or labor. A lawyer can assist you in understanding your options and assist you make a claim prior the deadline for filing. A lawyer can also negotiate a settlement with the responsible parties for the injury suffered by your child.