10 Healthy Habits For A Healthy Birth Defect Claim

How to File a Birth Defect Lawsuit

Modern medical technology and medicine have drastically reduced the risk of childbirth. But, a birth defect or injury still happens frequently.

A birth defect lawsuit seeks to compensate your child for medical expenses, education costs as well as other losses. To be able to pursue claims, you must establish that medical professionals did not meet the standard of care prior to or during pregnancy or delivery.

Damages

Pregnancy can be one of the most exciting, yet nerve-wracking experiences in the life of a parent. Parents want their children to be perfect, and birth defect lawyers doctors attempt to do all they can to stop birth defects from happening. Unfortunately, carelessness and negligence on the part of medical practitioners can increase the chance of birth injuries and birth defects. A family who is shocked by this circumstance should think about taking legal action to remedy a birth defect.

A successful birth defect suit could result in damages for many different things. This includes the victim's suffering and suffering and loss of consortium medical expenses and lost earning capacity. The amount of damages a victim receives will depend on the severity of their child's condition and the extent to which it has interfered with their quality of life.

Environmental exposures can lead to birth defects and birth injuries. Research has shown that certain chemicals, like fungicides, pesticides and lead, as well paints and heavy metals may increase the likelihood of birth defects. Birth defect lawyers have brought lawsuits against companies that exposed workers to these hazardous chemicals, as well as against pharmaceutical companies who have manufactured drugs that can cause birth defects in fetuses like DES.

If you think your child's birth defect, or birth injury is the result of medical malpractice, you should consult a reputable birth defect lawyer as quickly as you can. In some states, you only have one year to file a medical malpractice suit, and waiting longer than that may mean losing your chance to get the justice you deserve for your child's injury.

Statute of limitations

A statute of limitations is a law that determines the deadline for when a person is allowed to file a civil lawsuit. If a person misses the deadline, they lose their right to seek damages from the defendant. Birth injury cases can have more complex statutes of limitations than other types of medical malpractice cases.

A lawsuit is typically brought against the doctor or hospital that caused an injury to the patient during labor and birth. These cases are often called birthing injuries lawsuits or wrongful birth suits however, Florida's laws permit parents to file a medical malpractice suit for the death of an infant.

To prove medical negligence, the person who was injured must prove that the doctor at fault didn't adhere to the standard of care or consideration required by a different health healthcare provider in similar situations. This includes failing diagnose an illness that is serious, for example, low oxygen levels during childbirth that can cause cerebral palsy and brain damage.

The first step in filing a birth defect lawsuit is to contact a skilled attorney. Most attorneys offer free consultations to potential clients. If the attorney believes a client has a valid claim, they will examine medical records and employ experts to evaluate the evidence. They will also assist with the preparation of documents and file the medical malpractice lawsuit within the timeframe.

Expert Witnesses

In a case involving birth injuries it is essential to have experts who can explain medical procedures and practices to jurors. Expert witnesses can be difficult to work with because they must scrutinize huge amounts of data and make decisions based upon facts rather than their opinions. They also have to be willing to provide evidence on matters which may contradict their opinion.

In the Daubert Case the plaintiffs' expert believed that Bendectin caused the birth defect in their child. The judge ruled that the evidence was on the "cutting edge of research in science, where reality meets theory and certainty dissolves into probabilities." However the judge did not believe there was enough evidence that Bendectin increased the chance of developing birth defects.

The Daubert decision was an affront to plaintiffs who had filed suit against pharmaceutical companies in an attempt to get justice. But there are many ways that an injured person can pursue a lawsuit for birth defects.

A Philadelphia birth defect lawyer can advise victims about whether they are eligible for a right to sue. A lawyer can help plaintiffs determine whether they are eligible to file a personal lawsuit or a class action. In some cases lawyers can make a claim for birth injuries as part a multidistrict lawsuit. Complete the form below to receive a private and free consultation with an attorney.

Representation

Although the latest technology and advances in the field of medicine have drastically reduced the chance of complications during childbirth and pregnancy however, they are not completely eliminated. Parents can pursue legal action if they suffer a birth defect or birth injury occurs, and the reason could have been prevented.

Medical negligence claims often result from a doctor's inability to properly diagnose or treat a condition. For instance, a doctor may fail to conduct an ultrasound examination or make mistakes during surgery, resulting in a birth defect similar to 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 during the womb.

A birth defect can affect any part of a newborn's body and affect their health, performance and appearance. In some cases birth defects can dramatically reduce a child's life expectancy, or cause a significant amount of medical expenses.

Contact an attorney for birth defects immediately if you believe the birth injury or defect was the result of medical negligence or mistakes during labor or pregnancy. A lawyer can help you determine your options and make a claim before the deadline for filing a claim expires. A lawyer can also negotiate an agreement with the responsible parties for the harm to your child.