The Lesser-Known Benefits Of Birth Defect Claim

How to File a Birth Defect Lawsuit

Modern technology and advancements in medicine have dramatically reduced the risk of the birth of a child. However, birth defects or injury is still a common occurrence.

A birth defect lawsuit seeks to compensate your child for medical expenses, educational costs and other losses. You must prove that the medical professional you are suing has violated the standard medical care during or before pregnancy or delivery.

Damages

Pregnancy is among the most exciting and nerve-wracking experiences a parent can experience. Parents want their children to be perfect, and doctors strive to do all they can to stop birth defects from occurring. Unfortunately, carelessness and negligence on the part of medical practitioners can increase the risk of birth injuries and birth defects. A family that is shocked by this incident should think about seeking legal action for a birth defect.

A successful birth defect lawsuit may result in damages for a multitude of different things. This can include the pain and suffering and loss of consortium, medical expenses and lost earning capacity. The amount of damages the victim will be awarded is contingent on the severity of the child's condition and how it has affected their standard of life.

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

If you suspect medical malpractice caused your child's birth injury or birth defect, you must consult a lawyer for birth defects immediately. In some states, you have only one year to file a medical malpractice suit, and if you wait longer than that may mean losing your chance of getting the justice you have earned for your child's injury.

Statute of Limitations

A statute of limitation is a law that sets the time limit for someone to file a civil lawsuit. If a person fails to meet the deadline will lose the right to claim damages against a defendant. Birth injury cases could have more complex statutes of limitations than other types of medical malpractice claims.

A lawsuit is usually filed against the hospital or doctor that caused an injury to an individual during labor and delivery. These cases can be referred to birthing injury lawsuits or wrongful birth lawsuits however Florida's laws allow parents to file a malpractice lawsuit for the death of a child.

In order to prove medical malpractice, the victim must prove that the doctor who was at fault did not follow the standards of care and consideration required by a different health healthcare provider in similar circumstances. This includes failing to recognize a serious illness, such as low oxygen levels in childbirth which can result in cerebral palsy and brain damage.

Finding a reputable attorney is the first step to file an action for birth defects. The majority of lawyers offer free consultations and reviews of cases to prospective clients. If the lawyer believes that a client has a valid claim, they will look over medical records and appoint experts to examine them. They will also assist in preparing documents and file the medical malpractice lawsuit within the timeframe.

Expert Witnesses

In a birth injury case, it is important to have experts who can explain medical procedures and practices to jurors. Expert witnesses can be difficult since they must carefully examine the vast amount of information to be able to make decisions in accordance with facts rather than opinion. Additionally, they must be willing to testify about facts that could contradict their views.

In the Daubert case the plaintiffs' experts suggested that Bendectin caused their child's birth defects. The judge found that the evidence was at the "cutting edge of scientific research, where fact is matched by theory, and certainty turns into probabilities." However the judge did not consider there was enough evidence to support the claim that Bendectin increased the chance of developing birth defects.

The Daubert ruling was a setback for plaintiffs who had sued pharmaceutical companies to win justice. However, there are many avenues for an injured person could 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 decide if an individual plaintiff is eligible to file a lawsuit on their own or as part of a class action. In certain cases an attorney may be able to start a lawsuit for birth injury as part of a multidistrict lawsuit. Fill out the form below to get a confidential and free consultation with an attorney.

Representation

Although modern technology and recent advances in medicine have drastically reduced the chance of complications during pregnancy and childbirth, they are not entirely eliminated. If a birth defect, or injury occurs and the cause is preventable, parents may seek legal action to cover costs associated with treatment.

Medical negligence cases typically stem from a doctor's failure to properly diagnose or treat a problem. A doctor might fail to conduct an ultrasound or make a mistake in surgery, leading to birth defects such as spina bifida. Birth defects can be caused by a wrong medication taken by the mother, or exposure to chemicals and other environmental hazards during the baby's development in the womb.

A birth defect could affect any part of the newborn's body and affect their health, appearance and performance. In some instances birth defect law firm defects can significantly diminish a baby's life expectancy or result in a significant amount of medical costs.

Contact an attorney for birth defects today if you suspect that the birth defect or birth injury was the result of medical negligence or negligence during labor or pregnancy. A lawyer can assist you determine your options and make a claim before the statute of limitations expires. A lawyer might also be competent to negotiate settlements on behalf of you with the parties accountable for the injury to your child.