What Is Birth Defect Claim And How To Utilize It

How to File a Birth Defect Lawsuit

Modern medicine and technology have greatly reduced the risk of childbirth. However, birth defects or injury is still a common occurrence.

A birth defect lawsuit seeks to compensate your child for medical expenses, education costs and other damages. To pursue a claim, you need to prove that medical professionals did not meet 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 events in the life of a parent. Parents want their babies to be perfect, and doctors work to do everything possible to stop birth defects from occurring. Unfortunately, negligence and carelessness on the part of medical professionals can increase the risk of birth injuries and birth defects. In the event of this happening an astonished family might want to pursue justice via a birth defect lawsuit.

A successful birth defect suit could result in damages for many different things. This can include the pain and suffering and loss of consortium, medical expenses and lost earning capacity. The amount of compensation an individual victim will be awarded depends on the severity of the child's medical condition, 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. Research has shown that certain chemicals such as pesticides, fungicides lead, paints and heavy metals can increase the chances of birth defects. Birth defect lawyers have filed suits against businesses that have exposed workers to harmful chemicals, and also against pharmaceutical companies that have developed 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, it is recommended to consult a lawyer for birth defects immediately. In some states, you only have one year to file a medical malpractice 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 limitations is a law that defines the deadline for when a person is allowed to file a civil suit. If a claimant fails to file by the deadline, they will lose their right to seek damages from the defendant. Birth injury cases may have more complex statutes of limitations than other types of medical malpractice claims.

A lawsuit is usually filed against the doctor or the hospital who caused the patient's injuries during labor and birth. These cases are usually called birthing injuries lawsuits or wrongful birth suits, though Florida's laws allow parents to make a claim for medical malpractice 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 follow the standard of care or consideration required by a different health care provider in similar circumstances. This includes failing to diagnose a serious illness, such as low oxygen levels during childbirth that can cause cerebral palsy and brain damage.

Contacting a reputable attorney is the first step in filing an action for birth defects. A majority of attorneys offer free consultations and case review to potential clients. If the lawyer believes that a client has a valid case, they will review medical records and appoint expert witnesses to assess the case. They can also assist in the preparation of documents and file the medical malpractice suit within time.

Expert Witnesses

In a case involving birth injuries it is essential to have experts who can explain medical procedures and practices before a jury. Expert witnesses can be difficult because they have to carefully review an extensive amount of information to be able to make decisions based on fact rather than opinions. They must also be able to testify regarding facts that could contradict their positions.

In the Daubert case the plaintiffs' experts claimed that Bendectin caused their child's birth defects. The judge concluded that the evidence was at the "cutting edge of scientific research, where fact is matched by theory, and certainty turns into probability." However, the judge did not believe there was enough evidence to prove that Bendectin doubled the chances of developing birth defects.

The Daubert ruling was a setback for plaintiffs who had sued pharmaceutical companies to get justice. Nonetheless, there are still 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 help clients determine if they're qualified to file an individual lawsuit or a class action. In certain cases an attorney may be able to file a lawsuit for birth injuries as part of a multidistrict litigation. Complete the form below to receive a confidential and free consultation with an attorney.

Representation

Modern technology and recent advancements in medicine may have decreased the chance of complications occurring during childbirth and pregnancy, but they're not entirely eliminated. Parents can take legal action if they suffer a birth injury or defect occurs, and the cause could have been avoided.

Medical negligence claims typically stem from a doctor's failure to recognize or treat a condition. Physicians may not perform an ultrasound or make a mistake in surgery, leading to birth defects (visit the up coming post) such as spina bifida. Birth defects can also be caused by improper medication taken by the mother, or exposure to chemicals and other environmental hazards during the baby's development in the womb.

A birth defect can affect any part of a newborn's body, and affect their health, functioning and appearance. In some instances birth defects can drastically reduce a baby's lifespan or result in an enormous amount of medical expenses.

Contact an attorney for birth defects now if you believe the birth defect or injury was caused by medical negligence or birth defects mistakes during labor or pregnancy. A lawyer can assist you in understanding your options and help make a claim prior the statute of limitation expiring. A lawyer can also negotiate a settlement with the responsible parties for the injury of your child.