10 Unexpected Birth Defect Claim Tips

How to File a Birth Defect Lawsuit

Modern medical and technological advances have significantly reduced the risk of childbirth. Birth defects or injuries continue to occur often.

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

Damages

Pregnancy can be one of the most exciting yet nerve-wracking experiences in a parent's lifetime. Parents want their children to be perfect, and doctors attempt to do all they can to prevent birth defect lawsuits defects from happening. Medical negligence and carelessness could increase the risk of birth defects and injuries. Families who are shocked by this situation should consider seeking legal action for a birth defect.

A successful birth defect lawsuit could result in damages for a range of different things. This includes suffering for the victim as well as loss of consortium and medical expenses, not to mention lost 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 with their daily life.

Environmental exposures can result in birth defects and birth injuries. Research has shown that certain chemicals, like fungicides, pesticides lead, paints and heavy metals can increase the risk of birth defects. Birth defect lawyers have brought suits against businesses that have exposed workers to harmful chemicals, and also against pharmaceutical companies that have produced drugs that can cause birth defects in fetuses, like DES.

If you suspect that medical malpractice caused the birth injury or birth defect, you should consult a lawyer for birth defects immediately. In some states, you have only 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 defines the time limit for a person to file a civil suit. A person who misses an expiration date will lose the right to seek damages from a defendant. Birth injury claims can be more complex in terms of the time limit than other medical malpractice claims.

A lawsuit is typically filed against the hospital or Birth defect lawyers doctor who caused the patient's injuries during labor and delivery. These cases are commonly referred to as birthing injury lawsuits or wrongful birth suits, however, Florida's laws permit parents to make a claim for medical malpractice for an infant's death.

In a case of medical malpractice, the injured party must prove the at-fault doctor failed to adhere to the standard of care and consideration that another medical professional would have followed in similar circumstances. This includes failing diagnose an illness that is serious, for example, low oxygen levels during childbirth which can lead to cerebral palsy and brain damage.

Contacting a qualified attorney is the first step to filing a lawsuit against birth defects. A majority of attorneys offer free consultations for potential clients. If the attorney is convinced that a client has a valid case, they will examine medical records and hire experts to evaluate their credibility. They will also assist with the preparation of documents and file the medical malpractice lawsuit in time.

Expert Witnesses

In a case involving a birth injury, it is important to have experts who can explain medical practices and procedures to jurors. Expert witnesses can be difficult since they must scrutinize an extensive amount of information to make decisions based on facts, not opinion. They should also be prepared to testify on evidence that could contradict their beliefs.

In the Daubert Case, the plaintiffs' expert believed that Bendectin was the cause of the birth defect in their child. The judge found that the evidence was at the "cutting edge of research in science, where reality is matched by theory, and certainty turns into probability." However the judge did not believe there was sufficient evidence to prove that Bendectin doubled a baby's risk of developing birth defects.

The Daubert decision was a blow to plaintiffs who had sued pharmaceutical companies in an attempt to get justice. There are a variety of avenues an injured person can file a lawsuit for a birth defect.

A Philadelphia birth defect attorney will assist the victims to determine whether they're eligible for a claim. A lawyer can help victims determine if they're qualified to file an individual lawsuit or a class action. In certain cases a lawyer may make a birth injury claim as part of multidistrict lawsuit (MDL). To start complete the form here for an initial consultation for free and confidential with a licensed lawyer.

Representation

Although modern technology and recent advancements in the medical field have significantly reduced the risk of complications during pregnancy and childbirth, they are not entirely eliminated. Parents can take legal action if a birth injury or defect occurs, and the reason could have been avoided.

Medical negligence cases typically result from a doctor's inability to recognize or treat a problem. For instance, a physician may fail to conduct an ultrasound exam or make mistakes during surgery, which could result in a birth defect such as spina bifida. Other common causes of a birth defect lawsuit include an ineffective medication for the mother or exposure to chemicals or other environmental hazards as the baby is growing in the womb.

A birth defect can affect any part of a newborn's body, and affect their health, function and appearance. In certain instances the birth defect can significantly diminish a baby's life expectancy or result in a significant amount of medical expenses.

If you think the birth defect or injury is the result of medical malpractice or negligent care during pregnancy or labor get in touch with a reputable birth defect attorney today. A lawyer can explain your options and assist you to make a claim prior the deadline for filing. A lawyer might also be in a position to negotiate a settlement on behalf of you with the responsible parties for the injuries your infant sustained.