7 Tips To Make The Best Use Of Your Birth Defect Claim

How to File a Birth Defect Lawsuit

Modern medical and technological advances have significantly decreased the risks of childbirth. Birth defects or injuries continue to occur often.

A birth defect lawsuit seeks reimbursement for medical expenses of your child education costs, as well as other expenses. You must prove that the medical professional involved did not follow the standard of treatment during or prior to the pregnancy or birth.

Damages

Pregnancy is one of the most exciting and stressful moments in the life of a parent. Parents want their babies to be perfect and doctors do everything possible to prevent birth defects. Medical negligence and inattention can increase the risk for birth defects and injuries. When this occurs families that are shocked may want to seek justice through a birth defect lawsuit.

A successful birth defect lawsuit can result in damages for a number of different things. These include a victim's pain and suffering as well as loss of consortium, medical expenses, and loss of earning capacity. The amount of damages a victim will receive will depend on the severity of their child's medical condition and the extent that it has affected with their life quality.

Environmental exposures can result in birth injuries and birth defect attorneys defects. Studies have shown that certain chemicals, such as 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 manufacture drugs such as DES that can cause birth deformities in fetuses.

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

Statute of limitations

A statute of limitation is a law that sets the deadline for an individual to file a civil lawsuit. If a person fails to meet the deadline, they lose their right to seek damages from the defendant. Birth injury cases have more complicated statutes of limitations than other kinds of medical malpractice claims.

A lawsuit is typically filed against the doctor or hospital who caused injury to a patient during labor and birth. 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 for the death of a child.

In a medical malpractice case, the injured party must prove the at-fault doctor birth defect lawsuit was not adhering to the expected level of care and consideration that another health care provider would have followed in similar circumstances. This includes failing in diagnosing a serious condition like low levels of oxygen in the childbirth process that can cause cerebral palsy or brain damage.

The first step in filing a birth defect lawsuit is to reach a skilled attorney. Many attorneys provide free consultations for potential clients. If the lawyer believes that a client has a valid case, they will look into medical records and employ experts to examine their credibility. They will also help prepare documents and file the medical malpractice lawsuit in time.

Expert Witnesses

In a case with birth injuries, it is essential to be able to have medical experts explain to jurors the medical procedures and practices. Expert witnesses can be difficult to work with as they have to carefully review huge amounts of data and make decisions based on evidence rather than opinions. They must also be able to testify regarding things that may contradict their beliefs.

In the Daubert Case, the plaintiffs' expert argued that Bendectin caused the birth defect of their child. The judge found that the evidence was at the "cutting edge of scientific research, where evidence meets theory and certainty dissolves into probability." However the judge did consider there was enough evidence to prove that Bendectin doubled the chances of developing birth defects.

The Daubert ruling was a setback to the plaintiffs, who had filed a lawsuit against pharmaceutical companies to try and win justice. There are many ways that an injured party may pursue a birth defect law firm defect lawsuit.

A Philadelphia birth defect attorney will assist the victims to determine whether they are a victim. A lawyer can decide if an individual plaintiff is eligible to file a lawsuit individually or as part of a class action. In some cases a lawyer may bring a birth injury lawsuit as part of multidistrict litigation (MDL). To start by filling out the form on this page for an initial consultation for free and confidential with a reputable lawyer.

Representation

Modern technology and recent advances in medicine may have decreased the chance of complications occurring during pregnancy and childbirth, but they are not completely eliminated. If a birth defect, or injury occurs and the cause was preventable, parents can pursue legal action to cover costs related to treatment.

Medical negligence claims typically result from a doctor's inability to diagnose or treat a condition. A doctor may fail to perform an ultrasound or make a mistake during surgery, leading to birth defects, such as spina bifida. Other causes for a birth defect lawsuit include an ineffective medication for the mother or exposure to chemicals or other environmental hazards while the baby is developing in the womb.

A birth defect may affect any part of the newborn's body which can affect their appearance, health, and functionality. In certain cases birth defects may reduce the life span of a child or trigger major medical expenses.

If you believe your child's birth defect or injury is the result of medical malpractice or negligent care during labor or pregnancy seek out a qualified birth defect attorney today. A lawyer can provide you with your options and assist you to make a claim before the deadline for filing. A lawyer can also negotiate a settlement with the responsible parties for the injury suffered by your child.