Five Birth Defect Claim Lessons From The Professionals

How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have significantly reduced the risks associated with the birth of a child. However, birth defects or injury can still happen frequently.

A birth defect lawsuit seeks to pay your child's medical expenses, education costs and other damages. You must prove that the medical professional involved violated the standard care during or before the pregnancy or birth.

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 attempt to do their best to stop birth defects from occurring. However, carelessness and negligence on the part of medical professionals can increase the chance of birth injuries and birth defects. In the event of this happening, a stunned family may want to seek justice through a birth defect lawsuit.

A successful birth defect lawsuit could result in damages for many different things. This includes suffering and pain for the victim, loss of consortium and medical costs, as well as lost earning capacity. The amount of compensation a victim will receive depends on the degree of the child's health, and how much it has affected their standard of living.

Birth injuries and birth defects can be caused by a number of causes such as exposure to environmental factors. Studies have revealed that certain chemicals, such as pesticides, fungicides and lead, as well as 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 also against pharmaceutical companies that have made drugs that can cause birth defects in fetuses like DES.

If you suspect that medical malpractice caused the birth injury or birth defect, it is recommended to consult a lawyer for birth defects immediately. In some states, there's only one year to file a medical negligence lawsuit, and waiting more than that can mean losing the chance to receive the justice you are due for the injury your child sustained.

Statute of limitations

A statute of limitations is a law that determines the time limit for a person to file a civil claim. If a person misses the deadline, they lose their right to recover damages from the defendant. Birth injury claims can be more complex in terms of the statute of limitations than other medical malpractice claims.

A lawsuit is usually filed against the hospital or doctor who caused injury to a patient during labor and birth defect attorneys. These cases are often called birthing injury lawsuits or wrongful birth suits although Florida's laws allow parents to file a medical malpractice suit to bring a child's death.

To prove medical malpractice, the party who suffered will need to show that the doctor at fault did not follow the standard of care and consideration required by a different health healthcare provider in similar situations. This could include failing to recognize serious conditions like low levels of oxygen in the childbirth process which could lead to cerebral palsy and brain damage.

Contacting a qualified attorney is the first step towards filing a lawsuit against birth defects. Many attorneys provide free consultations and case reviews for prospective clients. If the attorney believes a client has a valid claim, they will examine medical records and appoint experts to evaluate them. They can also assist in the preparation of documents and file the medical malpractice lawsuit in time.

Expert Witnesses

In a birth injury case it is crucial to have experts who can explain medical procedures and practices to jurors. Expert witnesses can be difficult because they have to scrutinize the vast amount of information to be able to make decisions based on fact rather than opinion. Furthermore, they should be prepared to testify about facts that might conflict with their beliefs.

In the Daubert case, the plaintiffs' experts argued that Bendectin contributed to their child's birth defects. The judge concluded that the evidence was on the "cutting edge of scientific research, where evidence meets theory and the certainty transforms into probability." However the judge did not believe there was sufficient proof that Bendectin increased the chance of developing birth defects.

The Daubert decision was a blow to plaintiffs who had filed suit against pharmaceutical companies in seeking justice. However, there are numerous avenues that 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 are a victim. A lawyer can help plaintiffs determine whether they are eligible to file a personal lawsuit or a class action. In some cases a lawyer may bring a birth injury lawsuit as part of multidistrict litigation (MDL). Fill out the form to receive a confidential and free consultation with an attorney.

Representation

Modern technology and recent advances in the medical field may have decreased the risk of complications that can occur during pregnancy and childbirth, however they're not completely eliminated. If a birth defect or injury occurs and the cause was preventable parents can pursue legal action to cover the costs associated with treatment.

Medical negligence claims tend to be caused by a doctor's inability to diagnose or treat a condition. A doctor might not perform an ultrasound or make a mistake in surgery, resulting in birth defects such as spina bifida. Birth defects can also be caused by improper medication taken by the mother, or exposure to chemicals and other environmental dangers during the child's development during the womb.

A birth defect can affect any part of a newborn's body and affect their health, functioning and appearance. In certain instances birth defects can severely reduce a baby's life expectancy or lead to significant medical costs.

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