10 Birth Defect Claim Tricks All Experts Recommend

How to File a Birth Defect Lawsuit

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

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

Damages

Pregnancy is among the most exciting and stressful experiences a parent can experience. Parents want their babies to be perfect, and doctors strive to do their best to stop birth defects from occurring. Unfortunately, negligence and carelessness on the part of medical practitioners can increase the chance of birth injuries and birth defects. A family that is stricken by this situation should consider suing for a birth defect.

A successful birth defect lawsuit can result in damages for a multitude of different things. This can include pain and suffering for the victim as well as loss of consortium, medical expenses, as well as lost earning capacity. The amount of compensation a victim will receive depends on the severity of the child's illness and how it has affected their standard of living.

Birth injuries and Birth defects birth defects can be caused by a variety of causes such as exposure to environmental factors. Studies have revealed that certain chemicals like pesticides, fungicides and lead, as well paints and heavy metals may increase the chance of birth defects. Birth defect lawyers have brought suits against companies that exposed workers to these toxic chemicals, as well against pharmaceutical companies that have made drugs that can cause birth defects in fetuses, such as DES.

If you suspect that medical negligence caused the birth injury or birth defect, you should consult a lawyer for birth defects immediately. In certain states, you are given one year to file a lawsuit for 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 determines the time limit for a person to file a civil action. If a claimant fails to file by the deadline, they will lose the right to claim damages from the defendant. Birth injury cases could have more complicated statutes of limitations than other kinds of medical malpractice claims.

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

In a lawsuit for medical malpractice the injured party must prove the at-fault doctor did not adhere to the standards of care and consideration another health care provider would have followed in similar circumstances. This includes failing to diagnose serious conditions like low oxygen levels during childbirth which could lead to cerebral palsy and brain damage.

Contacting a qualified attorney is the first step to filing a lawsuit for birth defects. The majority of lawyers offer free consultations and reviews of cases to potential clients. If the attorney is convinced that a client has a valid claim they will examine medical records and employ experts to examine them. They can also assist in the preparation of documents and file the medical malpractice lawsuit within the timeframe.

Expert Witnesses

In a case involving birth injuries, it is important to have experts who can explain medical practices and procedures to a jury. Expert witnesses can be difficult because they must scrutinize a large amount of information to make decisions based on facts, not opinions. In addition, they must be able to testify regarding things that may contradict their opinions.

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 research in science, where fact meets theory, and certainty transforms into probability." However the judge did believe that there was sufficient evidence that Bendectin doubled the chances of developing birth defects.

The Daubert decision was a setback to plaintiffs who had sued pharmaceutical companies in an attempt to get justice. There are many avenues for an injured party may pursue a lawsuit for birth defects.

A Philadelphia birth defect attorney can assist those suffering from birth defects to determine whether they're eligible for a claim. Lawyers can determine if the plaintiff is eligible to file a lawsuit on their own or as part of a class action. In certain situations, a lawyer can file a birth injury lawsuit as part of multidistrict litigation (MDL). To start, fill out the form below for a an unreserved and confidential consultation with a professional lawyer.

Representation

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

Medical negligence claims often result from a doctor's inability to identify or treat a problem. A doctor might not perform an ultrasound or make a mistake during surgery, resulting in birth defects such as spina bifida. Birth defects can be caused by the wrong medication that is taken by the mother, or exposure to chemicals and other environmental dangers during the child's development during the womb.

A birth defect could affect any part of the body of a newborn that can affect their appearance, health and functioning. In certain instances birth defects can dramatically reduce a child's life expectancy, or cause a significant amount of medical expenses.

Contact an attorney for birth defects now if you believe your child's birth injury or defect was the result of medical negligence or malpractice during pregnancy or labor. A lawyer can assist you to identify your options and submit a claim before the statute of limitations runs out. A lawyer can also negotiate an agreement with the responsible parties for the injury suffered by your infant.