10 Unexpected Birth Defect Claim Tips

How to File a Birth Defect Lawsuit

Modern technology and Birth defect lawyer advancements in medicine have dramatically reduced the risk of birth. Birth defects or injuries continue to occur frequently.

A birth defect lawsuit seeks to pay your child's medical expenses, education costs and other damages. To be able to file an action, you must establish that medical professionals violated the standard of care prior to 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 babies perfect, and doctors do everything to avoid birth defects. Unfortunately, carelessness and negligence on the part of medical practitioners can increase the chance of birth defects and injuries. If this happens families that are shocked might want to pursue justice via a birth defect lawsuit.

A successful birth defect lawsuit may result in damages for a multitude of different things. These include the victim's suffering and suffering and loss of consortium medical expenses and lost earning capacity. The amount of damages a victim will receive 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 variety of factors which include environmental exposures. Studies have proven that certain chemicals like fungicides, pesticides and lead, as well as heavy metals and paints can increase the risk of birth defects. Birth defect lawyers have filed lawsuits against companies that have exposed workers to these harmful chemicals, and against pharmaceutical companies that have developed 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, it is important to seek out a skilled birth defect lawyer as soon as possible. In certain states, you have only one year to file a medical malpractice lawsuit, and waiting more than that can mean losing the chance to receive the justice you have earned for your child's injury.

Statute of Limitations

A statute of limitations is a law that determines the time frame for which a person has to file a civil lawsuit. Anyone who fails to meet an expiration date will lose the right to claim damages against a defendant. Birth injury cases may have more complicated statutes of limitations than other types of medical malpractice cases.

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

To prove medical malpractice, the party who suffered must prove that the doctor responsible was not able to meet the level of care and consideration expected by another health care provider in similar circumstances. This includes not being able to identify an illness of serious severity like low levels of oxygen during childbirth that can cause cerebral palsy and brain damage.

The first step to file a birth defect lawsuit is to reach a skilled attorney. Most attorneys offer free consultations and case reviews for prospective clients. If an attorney believes the claim of a client is legitimate, they will review the medical documents of the client and hire experts to assess the evidence. They will also assist in preparing documents and file the medical malpractice lawsuit within time.

Expert Witnesses

In the case of a birth injury, it is important to have experts who can explain medical practices and procedures to a jury. Expert witnesses can be difficult to testify because they have to scrutinize a vast amount of data to make decisions based on facts, not opinions. Furthermore, they should be able to testify regarding facts that could contradict their beliefs.

In the Daubert case the plaintiffs' experts suggested that Bendectin was the cause of birth defects in their child. The judge ruled that the evidence was on the "cutting edge of scientific research, where fact meets theory, and certainty transforms into probabilities." However the judge did believe that there was sufficient proof that Bendectin doubled the chances of developing birth defects.

The Daubert decision was a setback to plaintiffs who had filed lawsuits against pharmaceutical companies in an attempt to get justice. But there are many avenues for the injured party could pursue a lawsuit for birth defects.

A Philadelphia birth defect lawyer can assist victims on whether they're eligible for an opportunity to file a claim. Lawyers can determine if the plaintiff is able to file a suit on their own or as part of an action class. In some cases a lawyer may bring a birth injury lawsuit as part of multidistrict litigation (MDL). To get started complete the form here for an initial consultation for free and confidential with a licensed lawyer.

Representation

Modern technology and recent advancements in medicine may have reduced the chance of complications arising during pregnancy and childbirth, but they're still not completely eliminated. If a birth defect, or injury occurs, and the cause was preventable, parents may seek legal action to pay for the costs related to treatment.

Medical negligence claims are usually caused by a doctor's inability to diagnose or treat a condition. A doctor might fail to perform an ultrasound or make a mistake in surgery, leading to birth defects, such as spina bifida. Other causes for a birth defect lawsuit comprise inadequate medication for the mother or exposure to chemicals or other environmental hazards while the baby develops 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 decrease the life expectancy of a newborn or lead to significant medical expenses.

Contact a birth defect lawyer today if you suspect that the birth defect or injury was caused by medical negligence or mistakes during labor or pregnancy. A lawyer can explain your options and assist you to make a claim prior the statute of limitations expiring. A lawyer might also be in a position to negotiate settlements on behalf of you with the parties accountable for your child's injuries.