20 Birth Defect Claim Websites That Are Taking The Internet By Storm

How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have greatly reduced the risks associated with the birth of a child. However, birth defects or injury still occurs frequently.

A birth defect lawsuit seeks to pay your child's medical expenses, educational costs and other damages. You must prove that the medical professional you are suing violated the standard treatment prior to or during the pregnancy or birth.

Damages

Pregnancy can be one of the most exciting, yet nerve-wracking events in the life of a parent. Parents want their babies to be perfect, and doctors try to do their best to prevent birth defects from occurring. Medical negligence and carelessness could increase the risk of birth defects and injuries. A family that is stricken by this incident should think about suing for a birth defect.

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

Birth injuries and birth defects can be caused by a variety of factors which include exposure to environmental factors. Research has shown that certain chemicals, like fungicides, pesticides lead, paints and heavy metals can increase the likelihood of birth defects. Birth defect lawyers have brought suits against companies that exposed workers to toxic chemicals, as well against pharmaceutical companies that have produced drugs that could cause birth defects in fetuses like DES.

If you suspect that your child's birth defect or birth injury is the result of medical malpractice, you should speak with a skilled birth defect lawyer as quickly as possible. In some states, you have only one year to file a suit for medical malpractice. If you wait it could mean that your child will never get the justice they deserve.

Statute of Limitations

A statute of limitations is a law that establishes the time frame for which a person has to file a civil lawsuit. If a claimant fails to file by the deadline, they lose their right to seek damages from the defendant. Birth injury cases could have more complex statutes of limitations than other types of medical malpractice claims.

A lawsuit is typically filed against the doctor or hospital who caused the patient's injuries during labor and delivery. These cases are often called birthing injury lawsuits or wrongful birth suits although Florida's laws allow parents to make a claim for medical malpractice for an infant's death.

In order to prove medical negligence, the person who was injured will need to show that the doctor who was at fault did not follow the level of care and consideration expected by another health healthcare provider in similar circumstances. This includes failing to diagnose a serious illness, such as low oxygen levels in childbirth which can lead to cerebral palsy and brain damage.

Finding a reputable attorney is the first step to filing a lawsuit against birth defects. The majority of lawyers offer free consultations to prospective clients. If an attorney believes that the claim of a client is valid they will look over the medical records of the client, and they will hire experts to review them. They will also help prepare documents and file the medical malpractice lawsuit in time.

Expert Witnesses

In a birth injury case, it is important to have experts who can explain medical practices and procedures to a jury. However, expert witnesses aren't easy to work with because they must carefully examine massive quantities of information and be able to make decisions based upon facts rather than their opinions. They should also be able to testify about facts that might contradict their position.

In the Daubert case the plaintiffs' experts claimed that Bendectin contributed to birth defects in their child. The judge concluded that the evidence was "at the cutting-edge of scientific research where fact meets theories, and certainty dissolves into probabilities." However the judge was not convinced there was enough evidence to conclude that Bendectin caused birth defects.

The Daubert ruling was a setback for the plaintiffs, who had filed a lawsuit against pharmaceutical companies in order to achieve justice. There are many ways for a person who has suffered injury to pursue a lawsuit over the birth defect.

A Philadelphia birth defect lawyer can provide victims with advice on whether they're eligible for a right to sue. A lawyer can determine if a plaintiff is eligible to file a lawsuit individually or as part of a class action. In certain cases lawyers can bring a lawsuit on behalf of a birth injury as part an interdistrict litigation. To get started complete the form on this page for an initial consultation for free and confidential with a professional lawyer.

Representation

Modern technology and recent advancements in medical technology may have decreased the chance of complications arising during pregnancy and childbirth, however they're not entirely eliminated. Parents can take legal action if they suffer a birth defect or birth injury occurs, and the cause could have been prevented.

Medical negligence claims are often based on a doctor's failure identify or treat an illness. A physician may not perform an ultrasound or make a mistake in surgery, resulting in birth defects such as spina bifida. Birth defects can be caused by a 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 can affect any part of a newborn's body and affect their health, function and appearance. In certain cases birth defects can shorten the lifespan of a baby or result in major medical expenses.

Contact a birth defect lawyer now if you believe the birth injury or defect was the result of medical negligence or carelessness during labor or birth. A lawyer can help understand your options and submit a claim before the deadline for birth defect lawyer filing a claim expires. A lawyer can also negotiate an agreement with the parties accountable for the harm to your child.