20 Birth Defect Claim Websites Taking The Internet By Storm

How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have greatly reduced the risk of birth. However, birth defects or injury still happens frequently.

A birth defect lawsuit seeks to compensate your child for medical expenses, educational costs and other damages. You must prove that the medical professional who was involved did not follow the standard of care prior to or during the birth or delivery.

Damages

Pregnancy is one of the most exciting and nerve-wracking moments in the life of a parent. Parents want their children to be perfect, and doctors work to do all they can to stop birth defects from occurring. Medical negligence and carelessness can increase the risk for birth defects and injuries. Families who are shocked by this incident should think about suing for a birth defect.

A successful birth defect lawsuit could result in damages for a range of different things. This can include the pain and suffering and loss of consortium, medical expenses and lost earning capacity. The amount of damages a victim receives will depend on the degree of their child's health and the extent to which it has impacted with their daily life.

Environmental exposures can result in birth injuries and birth defects. Research has shown that certain chemicals, such as pesticides, fungicides, lead, paints and heavy metals can increase the chance of birth defects. Birth defect lawyers have filed lawsuits against companies that exposed workers to harmful chemicals and pharmaceutical companies that make drugs such as DES that can cause birth defects in fetuses.

If you believe that your child's birth defect, or birth injury is the result of medical negligence, you must speak with a skilled birth defect lawyer as soon as you can. In certain states, you have only one year to file a medical malpractice suit, and if you wait longer than that can mean losing your chance of getting the justice you deserve for your child's injury.

Statute of Limitations

A statute of limitations is a law that sets the deadline for an individual to file an action in civil court. If a claimant fails to file by the deadline, they will lose the right to claim damages from a defendant. Birth injury claims have a more complicated time limit than other medical malpractice claims.

A lawsuit is typically filed against the doctor or hospital who caused the patient's injuries during labor and birth. These cases are often referred to as birthing injury suits or wrongful birth lawsuits however Florida's laws allow parents to file a malpractice suit in the event of the death of an infant.

In order to prove medical malpractice, the victim must prove that the doctor responsible did not follow the level of care and consideration expected by another health healthcare provider in similar circumstances. This could include failing to recognize a serious condition such as low oxygen levels in childbirth that can cause cerebral palsy and brain damage.

Finding a reputable attorney is the first step in filing an action for birth defects. A majority of attorneys offer free consultations and reviews of cases to potential clients. If an attorney believes a client's claim is valid they will go over the medical documents of the client and hire experts to review the records. They can also assist in the preparation of documents and file the medical malpractice suit on time.

Expert Witnesses

In cases involving birth injuries, it is vital to have medical experts that can explain to jurors the medical procedures and practices. However, expert witnesses can be difficult to work with because they must be able to scrutinize massive amounts of information and be able to make decisions based on evidence rather than opinions. They must also be willing to testify on facts that could contradict their positions.

In the Daubert Case, the plaintiffs' expert claimed that Bendectin is the reason for the birth defect in their child. The judge found that the evidence was at the "cutting edge of scientific research, where fact meets theory and certainty dissolves into probability." However the judge did consider there was enough evidence to prove that Bendectin doubled a baby's chance of developing birth defects.

The Daubert decision was a setback to plaintiffs who had filed lawsuits against pharmaceutical companies in seeking justice. There are many ways for an injured party to seek a legal action over a birth defect.

A Philadelphia birth defect attorney can assist victims in determining whether they are a victim. A lawyer can determine whether the plaintiff is eligible to pursue a lawsuit by themselves or as part of a class action. In some cases lawyers can bring a lawsuit on behalf of a birth injury as part of an interdistrict litigation. Please fill out the form below to get a confidential and free consultation with an attorney.

Representation

Although the latest technology and developments in the field of medicine have significantly reduced the risk of complications during pregnancy and childbirth However, they aren't eliminated. When a Birth Defect Law Firms defect or injury occurs, and the cause was preventable, parents may pursue legal action to recover the costs related to treatment.

Medical negligence cases typically result from a doctor's inability to diagnose or treat a condition. For example, a physician could neglect to perform an ultrasound examination or birth Defect law firms make mistakes during surgery, which could result in a birth defect similar to spina bifida. Other common causes of birth defect lawsuits include inadequate medication for the mother or exposure to chemicals or other environmental dangers while the baby is growing in the womb.

A birth defect can affect any part of the body of a newborn that can affect their appearance, health, and performance. In some instances birth defects can decrease a baby's lifespan or cause substantial medical expenses.

If you believe the birth defect or injury was due to negligence or medical malpractice during pregnancy or labor consult a certified birth defect lawyer today. A lawyer can provide you with your options and help make a claim before the deadline for filing. A lawyer can also negotiate a settlement with the responsible parties for the injuries suffered by your child.