The One Birth Defect Claim Trick Every Person Should Learn

How to File a Birth Defect Lawsuit

Modern technology and medicine have dramatically reduced the risks of childbirth. Birth defects or injuries occur often.

A birth defect lawsuit seeks to compensate your child for medical expenses, education costs as well as other losses. You must prove that the medical professional you are suing violated the standard treatment during or prior to pregnancy or delivery.

Damages

Pregnancy is one of the most exciting and stressful experiences a parent can experience. Parents want their babies to be perfect, and doctors strive to do everything they can to stop birth defects from happening. However, carelessness and negligence on the part of medical practitioners can increase the chance of birth defects and injuries. A family that is stricken by this incident should think about the possibility of suing over a birth defect.

A successful birth defect lawsuit can result in damages for a number of different things. This includes pain and suffering for the victim, loss of consortium and medical costs, as well as lost earning capacity. The amount of compensation the victim will be awarded is contingent on the severity of the child's medical condition and how it has affected their quality of life.

Environmental exposures can result in birth injuries and birth defects. Studies have proven that certain chemicals such as pesticides, fungicides and lead, as well paints and heavy metals may increase the risk of birth defects. Birth defect lawyers have filed lawsuits against companies that exposed workers to these hazardous chemicals, as well as against pharmaceutical companies who have manufactured drugs that can cause birth defects in fetuses, lawyers like DES.

If you suspect that medical malpractice caused the birth injury of your child or birth defect, it is recommended to consult a birth defect lawyer immediately. In some states, there's only one year to file a medical negligence lawsuit, and waiting more than that could mean losing your chance to get the justice you have earned for your child's injury.

Statute of Limitations

A statute of limitations is a law that determines the time limit for a person to file a civil lawsuit. A person who misses a deadline loses the right to pursue a defendant for damages. Birth injury cases can have more complicated statutes of limitations than other types of medical malpractice cases.

A lawsuit is usually filed against the hospital or doctor that caused an injury to an individual during labor and delivery. These cases are often referred to as birthing injury lawsuits or wrongful birth suits, though Florida's laws allow parents to make a claim for medical malpractice for the death of an infant.

In a medical malpractice case the victim must prove the at-fault doctor did not adhere to the standards of care and consideration that any other medical professional would have applied in similar circumstances. This includes failing to recognize a serious condition such as low levels of oxygen in the childbirth process which can lead to cerebral palsy and brain damage.

A qualified attorney should be the first step to filing a lawsuit for birth defects. The majority of lawyers offer free consultations and reviews of cases to prospective clients. If an attorney believes that the claim of a client is legitimate they will look over the medical records of the client, and they will hire experts to evaluate the evidence. They will also assist in preparing documents and filing the medical malpractice lawsuit in time.

Expert Witnesses

In a case involving birth injuries, it's essential to be able to have medical experts explain to jurors the medical practices and procedures. However, expert witnesses aren't easy to work with as they have to carefully review huge amounts of information and make decisions based on evidence rather than their opinions. They also have to be willing to testify on evidence that might contradict their beliefs.

In the Daubert case, the plaintiffs' experts suggested that Bendectin had caused their child's birth defects. The judge concluded that the evidence was "at the cutting-edge of research in science where fact meets theories and the certainty is transformed into probabilities." However he was not convinced there was enough evidence that Bendectin caused birth defects.

The Daubert decision was an affront to plaintiffs who had filed a lawsuit against pharmaceutical companies an attempt to get justice. Nonetheless, lawyers there are still many avenues for an injured party may pursue a lawsuit for birth defects.

A Philadelphia birth defect lawyer can assist victims in determining whether they are a victim. Lawyers can assist clients determine if they're qualified to file an individual lawsuit or a class action. In certain instances lawyers can make a birth injury claim as part of a multidistrict litigation (MDL). Fill out the form to receive a private and free consultation with an attorney.

Representation

Modern technology and recent advancements in medical technology may have reduced the risk of complications occurring during pregnancy and childbirth but they're not entirely eliminated. When a birth defect or injury occurs, and the cause was preventable parents can pursue legal action to recover the costs associated with treatment.

Medical negligence claims often stem from a doctor's failure to properly diagnose or treat a problem. Physicians may fail to perform an ultrasound or make a mistake during surgery, leading to birth defects like spina bifida. Birth defects can also be caused by improper medication taken by the mother, or exposure to chemicals or other environmental dangers during the development of the baby during the womb.

A birth defect may affect any part of the newborn's body which can affect their health, appearance and performance. In some instances birth defects may reduce the life expectancy of a newborn or lead to major medical expenses.

If you think the birth defect or injury was due to medical malpractice or negligent care during labor or pregnancy consult a certified birth defect lawyer today. A lawyer can help you determine your options and make a claim prior to the statute of limitations expires. A lawyer may also be able to negotiate a settlement on your behalf with the parties accountable for your infant's injury.