A An Overview Of Birth Defect Claim From Beginning To End

How to File a Birth Defect Lawsuit

Modern medicine and technology have greatly decreased the risks of childbirth. Birth defects or injuries occur frequently.

A birth defect lawsuit seeks to recover for medical expenses of your child or educational costs, among other losses. You must prove that the medical professional in question violated the standard care during or before the birth or during pregnancy.

Damages

Pregnancy can be one of the most exciting yet nerve-wracking experiences in a parent's lifetime. Parents want their babies to be perfect, and doctors work to do their best to prevent birth defects from occurring. Inattention to medical issues and negligence can increase the risk for birth defects and birth defect lawsuit injuries. When this occurs families that are shocked may want to seek justice through a birth defect lawsuit.

A successful birth defect lawsuit may result in damages for a multitude of different things. This includes pain and suffering for the victim as well as loss of consortium, medical expenses, in addition to lost earning capacity. The amount of compensation a victim will receive depends on the degree of the child's health and how it has affected their standard of living.

Environmental exposures can lead to birth injuries and birth defects. Studies have proven that certain chemicals like pesticides, fungicides, lead, paints and heavy metals may increase the chances of birth defects. Birth defect lawyers have brought suits against companies that exposed workers to harmful chemicals, and also against pharmaceutical companies that have made products that cause birth defects in fetuses such as DES.

If you think your child's birth defect or birth injury is the result of medical malpractice, you should consult a reputable birth defect lawyer as soon as possible. In certain states, you are given one year to file a lawsuit claiming medical malpractice. If you delay it could mean that your child won't get the justice they deserve.

Statute of limitations

A statute of limitations is a law which establishes the time limit for an individual to file an action in civil court. If a person misses the deadline, they will lose their right to seek damages from the defendant. Birth injury cases can have more complex statutes of limitations than other types of medical malpractice cases.

A lawsuit is typically filed against the hospital or doctor that caused a patient's injuries during labor and birth. These cases are sometimes referred to birthing injury lawsuits or wrongful birth lawsuits, however, Florida's laws allow parents to file a malpractice lawsuit for the death of an infant.

In a lawsuit for medical malpractice, the injured party must prove the at-fault doctor did not follow the standards of care and consideration another medical professional would have applied in similar circumstances. This could include failing to recognize an illness that is serious, for example, low levels of oxygen during childbirth which can lead to cerebral palsy and brain damage.

The first step to file a birth defect lawsuit is to speak with an experienced attorney. The majority of lawyers offer free consultations for potential clients. If the attorney believes a client has a valid claim, they will examine medical records and hire experts to evaluate them. They will also assist with the preparation of documents and file the medical malpractice suit on time.

Expert Witnesses

In cases involving birth injuries, it is crucial to have medical experts who are able to explain to a jury the medical practices and procedures. Expert witnesses can be difficult since they must scrutinize the vast amount of information to be able make decisions based on fact rather than opinions. They must also be willing to testify about facts which may contradict their beliefs.

In the Daubert case, the plaintiffs' experts claimed that Bendectin caused the birth defects of their child. The judge ruled that the evidence was on the "cutting edge of scientific research, where fact is matched by theory, and certainty turns into probability." However the judge did believe there was enough evidence that Bendectin doubled a baby's risk of developing birth defects.

The Daubert decision was a blow to plaintiffs who had sued pharmaceutical companies in an attempt to get justice. However, there are numerous avenues that the injured party could pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer can help victims determine whether they have a case. Lawyers can determine if a plaintiff is eligible to file a lawsuit individually or as part of an action class. In certain instances lawyers can file a birth injury lawsuit as part of a multidistrict litigation (MDL). Fill out the form below to receive a private and free consultation with an attorney.

Representation

Modern technology and recent advancements in medicine may have reduced the risk of complications that can occur during pregnancy and childbirth, but they are not completely eliminated. Parents may pursue legal action if they suffer a birth injury or defect occurs, and the cause could have been avoided.

Medical negligence cases typically result from a doctor's inability to properly diagnose or treat a condition. For instance, a doctor may not perform an ultrasound screening or make an error during surgery, which could result in a birth defect like spina bifida. Other causes that can lead to a birth defect lawsuit include inadequate medication for the mother or exposure to chemicals or other environmental hazards when the baby is growing in the womb.

A birth defect can affect any part of a newborn's body, and affect their health, performance and appearance. In some instances birth defects may reduce the life span of a child or trigger significant medical expenses.

If you suspect the birth defect or injury was the result of medical malpractice or negligent care during pregnancy or labor consult a certified birth defect lawyer today. A lawyer can help you discover your options and submit a claim before the statute of limitations runs out. A lawyer can also negotiate a settlement with the responsible parties for the injuries suffered by your child.