10 Methods To Build Your Birth Defect Claim Empire
How to File a Birth Defect Lawsuit
Modern technology and advances in medicine have drastically reduced the risk of birth. But, a birth defect or injury still occurs frequently.
A birth defect lawsuit seeks to recover for medical expenses of your child or educational costs, among other expenses. To be able to pursue a claim, you need to demonstrate that medical professionals breached the standard of care prior to or during pregnancy, or delivery.
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 attempt to do everything they can to prevent birth defects from happening. However, carelessness and negligence on the part of medical professionals can increase the risk of birth defects and injuries. If this happens the family of the victim ought to consider pursuing justice through a birth defect lawsuit.
A successful birth defect lawsuit could result in damages for many different things. This can include pain and suffering for the victim as well as loss of consortium and medical expenses, not to mention loss of earning capacity. The amount of damages that an individual victim will be awarded depends on the severity of the child's condition and how it has affected their quality of life.
Birth defects and birth injuries can be caused by a variety of factors which include exposure to environmental factors. Studies have revealed that certain chemicals, like pesticides, fungicides, lead, paints, and heavy metals can increase the chances of birth defects. Birth defect lawyers have brought lawsuits against companies that exposed workers to these harmful chemicals, and against pharmaceutical companies that have developed products that cause birth defects in fetuses, such as DES.
If you think your child's birth defect or injury is the result of medical negligence, you must consult a reputable birth defect lawyer as soon as possible. In some states, you only have one year to file a lawsuit claiming medical malpractice. If you delay, it could mean that your child will not receive the justice they deserve.
Statute of limitations
A statute of limitations is a law that establishes the deadline for when a person is allowed to file a civil suit. Anyone who fails to meet a deadline will lose the right to sue a defendant for damages. Birth injury claims have a more complicated statute of limitations than other medical malpractice claims.
A lawsuit is usually brought against the doctor or hospital who caused injury to an individual during labor and delivery. These cases are usually called birthing injuries lawsuits or wrongful birth suits, however, Florida's laws permit parents to file a medical malpractice suit in the event of a baby's death.
To prove medical malpractice, the victim will need to show that the doctor at fault did not adhere to the level of care and consideration required by a different health medical professional in similar circumstances. This includes failing to recognize an illness that is serious for example, low levels of oxygen during childbirth that cause cerebral palsy and brain damage.
The first step in filing a birth defect lawsuit is to reach a skilled attorney. A majority of attorneys offer free consultations and reviews of cases to prospective clients. If the attorney believes that a client has a valid claim, they will examine medical records and engage experts to examine the evidence. They can also assist in the preparation of documents and file the medical malpractice lawsuit within the timeframe.
Expert Witnesses
In a birth injury case it is crucial to have experts who can explain medical practices and procedures to a jury. Expert witnesses aren't easy to work with since they must be able to scrutinize massive amounts of information and be able to make decisions based on facts rather than their opinions. They should also be prepared to testify on evidence that might contradict their beliefs.
In the Daubert Case, the plaintiffs' expert claimed that Bendectin was the cause of the birth defect of their child. The judge concluded that the evidence was "at the cutting-edge of scientific research where fact meets theories and certainty dissolves into probabilities." However, he did not believe there was enough evidence that Bendectin caused birth defects.
The Daubert ruling was a setback for plaintiffs who had sued pharmaceutical companies to achieve justice. There are many avenues for an injured party to file a lawsuit for the birth defect.
A Philadelphia birth defect lawyer can advise victims about whether they have a claim. A lawyer can determine if the plaintiff is eligible to file a suit on their own or as part of a class action. In some cases a lawyer may start a lawsuit for birth injuries in the context of multidistrict litigation (MDL). To get started, fill out the form below for a a free and confidential consultation with a licensed attorney.
Representation
Modern technology and recent advances in the medical field may have reduced the risk of complications that can occur during pregnancy and childbirth, but they're not completely eliminated. If a birth defect injury occurs, and the cause was preventable parents can pursue legal action to pay for the costs related to treatment.
Medical negligence claims usually result from a doctor's inability to recognize or treat a condition. For instance, a physician could neglect to perform an ultrasound examination or make an error during surgery, which could result in a birth defect similar to spina bifida. Birth defects can be caused by improper medication that is 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 could affect any part of the newborn's body, affecting their health, appearance and functionality. In some cases the birth defect can dramatically reduce a child's lifespan or result in an enormous amount of medical expenses.
Contact a birth defect lawyer today if you believe that your child's birth defect or birth injury was the result of medical negligence or negligence during labor or pregnancy. A lawyer can help explain your options and help you submit a claim prior to the statute of limitations expiring. A lawyer can also negotiate a settlement with the parties accountable for the injuries suffered by your child.