5 Birth Defect Claim Projects For Every Budget

How to File a Birth Defect Lawsuit

Modern medicine and technology have greatly decreased the risks of childbirth. However, birth defects or injury still happens frequently.

A birth defect lawsuit seeks compensation for your child's medical expenses or educational costs, among other losses. To pursue such a claim, you must prove that a medical professional violated the standard of care before or during pregnancy or during the delivery.

Damages

Pregnancy is among the most exciting and nerve-wracking moments in the life of a parent. Parents want their babies to be perfect, and doctors try to do their best to stop birth defects from occurring. Unfortunately, carelessness and negligence on the part of medical practitioners can increase the risk of birth injuries and birth defects. A family who is shocked by this incident should think about seeking legal action for a birth defect.

A successful birth defect lawsuit may result in damages for a variety of different things. This includes suffering and pain for the victim, loss of consortium and medical costs, as well as 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 impacted in their quality of life.

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

If you suspect medical malpractice caused the birth injury of your child or birth defect, you should consult a lawyer for birth defects immediately. In certain states, there's only one year to file a medical negligence suit, and if you wait longer than that could mean losing the chance to receive the justice you deserve for your child's injury.

Statute of limitations

A statute of limitation is a law that sets the time limit for an individual to file an action in civil court. A person who misses an expiration date will lose the right to pursue a defendant for damages. Birth injury claims may have a more complicated statute of limitations than other medical malpractice claims.

A lawsuit is usually brought against the hospital or doctor who caused injury to patients during labor or birth. These cases are often called birthing injury lawsuits or wrongful birth suits, however, Florida's laws permit parents to bring a medical malpractice lawsuit for the death of an infant.

In a medical malpractice lawsuit the victim must prove that the doctor at fault did not follow the standard of care and birth defects consideration that another health care provider would have utilized in similar circumstances. This includes failing diagnose an illness that is serious, for example, low levels of oxygen in the childbirth process which can result in cerebral palsy and brain damage.

A qualified attorney should be the first step in filing an action for birth defects. Most attorneys offer free consultations and case review to potential clients. If the attorney is convinced that a client has a valid case, they will examine medical records and engage expert witnesses to assess them. They can also assist in the preparation of documents and filing the medical malpractice suit within time.

Expert Witnesses

In cases which involves birth injuries, it's essential to have medical experts who can explain to a jury the medical procedures and practices. Expert witnesses can be difficult to work with because they must carefully examine massive amounts of information and make decisions based on the facts rather than opinions. Furthermore, they should be able to testify regarding information that might contradict their beliefs.

In the Daubert case the plaintiffs' experts suggested that Bendectin was the cause of their child's birth defects. The judge ruled that the evidence was at the "cutting edge of scientific research, where evidence meets theory, and certainty transforms into probability." However the judge did not consider there was enough evidence to prove that Bendectin increased the chance of developing birth defects.

The Daubert decision was a blow to plaintiffs who had filed suit against pharmaceutical companies in seeking justice. There are many ways that an injured party may pursue a lawsuit for birth defects.

A Philadelphia birth defect lawsuits defect attorney can assist those suffering from birth defects to determine whether they are a victim. A lawyer can determine whether an individual plaintiff is eligible to file a lawsuit on their own or as part of an action class. In some instances, an attorney can file a lawsuit for birth injury as part of multidistrict litigation. Fill out the form below for a confidential and free consultation with an attorney.

Representation

Modern technology and recent advances in the field of medicine could have decreased the risk of complications occurring during pregnancy and childbirth, but they're not entirely eliminated. If a birth defect injury occurs and the cause was preventable parents may seek legal action to cover costs related to treatment.

Medical negligence claims tend to be result from a doctor's inability diagnose or treat an illness. 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 taken by the mother or exposure to chemicals and other environmental dangers that can affect the development of the baby during the womb.

A birth defect can affect any part of a newborn's body and affect their health, functioning and appearance. In some cases birth defects can significantly diminish a baby's life expectancy or result in an enormous amount of medical costs.

Contact an attorney for birth defects now if you believe the birth defect or injury was caused by medical negligence or negligence during labor or pregnancy. A lawyer can help explain your options and help you submit a claim prior to the deadline for filing. A lawyer might also be capable of negotiating a settlement on behalf of you with the parties responsible for the injuries your infant sustained.