What Are The Myths And Facts Behind Birth Defect Claim

How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have significantly reduced the risk of the birth of a child. Birth defects or injuries occur frequently.

A birth defect lawsuit seeks to compensate your child for medical expenses, educational costs as well as other losses. To be able to file claims, you must prove that a medical professional breached the standard of care before or during pregnancy or during the delivery.

Damages

Pregnancy is among the most exciting and stressful moments in the life of a mother. Parents want their babies to be perfect, and doctors do everything they can to avoid birth defects. Unfortunately, negligence and carelessness on the part of medical practitioners can increase the risk of birth injuries and defects. When this occurs, a stunned family might want to pursue justice via a birth defect lawsuit.

A successful birth defect lawsuit can result in damages for a range of different things. This includes pain and suffering for the victim as well as loss of consortium, medical expenses, in addition to loss of earning capacity. The amount of damages the victim will be awarded is contingent on the severity of the child's illness and how much it has affected their standard of living.

Birth injuries and birth defects can be caused by a variety of causes such as exposure to environmental factors. Research has shown that certain chemicals like pesticides, fungicides, lead, paints and heavy metals may increase the chances of birth defects. Birth defect lawyers have filed lawsuits against companies that exposed employees to harmful chemicals as well as pharmaceutical companies that produce drugs like DES that may cause birth defects in fetuses.

If you believe that your child's birth defect or birth injury was caused by medical negligence, you must consult a skilled birth defect lawyer as soon as possible. In some states, you only have one year to file a medical negligence suit, and waiting longer than that may mean losing your chance of getting the justice you have earned for your child's injury.

Statute of Limitations

A statute of limitations is a law that sets the time limit for a person to file an action in civil court. A person who misses the deadline will lose the right to claim damages against a defendant. Birth injury cases could have more complicated statutes of limitations than other types of medical malpractice claims.

A lawsuit is usually filed against the medical professional or hospital that caused injuries to a patient during labor and delivery. These cases can be referred to as birthing injury lawsuits or wrongful birth lawsuits, however, Florida's laws allow parents to file a malpractice lawsuit for the death of a child.

In order to prove medical negligence, the person who was injured must prove that the doctor who was at fault did not adhere to the standards of care and consideration required by a different health care provider in similar circumstances. This includes failing to recognize a serious condition, such as low oxygen levels during childbirth which can cause cerebral palsy and birth defect Law firms brain damage.

Finding a reputable attorney is the first step to file a lawsuit for birth defects. A majority of attorneys offer free consultations for potential clients. If the lawyer believes that a client has a valid claim, they will review medical records and hire experts to examine them. They can also assist in the preparation of documents and file the medical malpractice lawsuit on time.

Expert Witnesses

In a case which involves birth defect law firms injuries, it is essential to be able to have medical experts explain to a jury the medical practices and procedures. However, expert witnesses can be difficult to work with because they must scrutinize huge quantities of information and make decisions based on the facts rather than their opinions. They must also be prepared to testify about things that may contradict their positions.

In the Daubert Case the plaintiffs' expert argued that Bendectin caused their child's birth defect. The judge found that the evidence was at the "cutting edge of research in science, where fact meets theory, and certainty transforms into probabilities." However the judge did consider there was enough proof that Bendectin doubled the chances of developing birth defects.

The Daubert decision was an affront to plaintiffs who had sued pharmaceutical companies in the hope of obtaining justice. There are many avenues for an injured party to bring a lawsuit based on a birth defect.

A Philadelphia birth defect lawyer can advise victims about whether they are eligible for a claim. A lawyer can assist plaintiffs determine if they are eligible to file a lawsuit on their own or a class action. In certain cases an attorney may be able to bring a lawsuit on behalf of a birth injuries as part a multidistrict lawsuit. Complete the form below to receive a confidential and free consultation with an attorney.

Representation

Although the latest technology and advances in the field of medicine have greatly reduced the risk of complications during pregnancy and childbirth However, they aren't eliminated. If a birth defect injury occurs and the cause was preventable parents can seek legal action to pay for the costs related to treatment.

Medical negligence claims are usually based on a doctor's failure diagnose or treat a disease. A doctor might fail to conduct an ultrasound or make a mistake in surgery, resulting in birth defects like spina bifida. Other causes that can lead to a birth defect law firms defect lawsuit include inadequate medication for the mother or exposure to chemicals or other environmental hazards while the baby is developing in the womb.

A birth defect can affect any part of the body of a newborn, affecting their appearance, health and functioning. In some cases birth defects can decrease the life span of a child or trigger substantial medical expenses.

Contact an attorney for birth defects today if you believe that the birth defect or injury was the result of medical negligence or mistakes during labor or pregnancy. A lawyer can help you identify your options and submit a claim before the statute of limitations runs out. A lawyer may also be able to negotiate a settlement on behalf of you with the parties responsible for your infant's injury.