What A Weekly Birth Defect Claim Project Can Change Your Life

How to File a Birth Defect Lawsuit

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

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

Damages

Pregnancy can be one of the most exciting, but nerve-wracking moments in the life of a parent. Parents want their babies to be perfect and doctors do everything they can to avoid birth defects. Inattention to medical issues and negligence can increase the risk for birth defects and injuries. Families who are shocked by this news should think about taking legal action to remedy a birth defect lawsuits defect.

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

Birth injuries and birth defects can be caused by a number of causes such as exposure to environmental factors. Studies have proven that certain chemicals, such as pesticides, fungicides and lead, as well as heavy metals and paints can increase the likelihood of birth defects. Birth defect lawyers have brought lawsuits against companies that exposed workers to these harmful chemicals, and also against pharmaceutical companies that have made drugs that could cause birth defects in fetuses, like DES.

If you believe that your child's birth defect, or birth injury is the result of medical malpractice, you should consult a skilled birth defect lawyers defect lawyer as quickly as you can. In some states, you only have one year to file a medical malpractice suit, and if you wait longer than that could mean losing your chance to obtain the justice you need for your child's injuries.

Statute of limitations

A statute of limitations is a law that sets the time limit for a person to file a civil lawsuit. If a claimant fails to file by the deadline, they lose the right to claim damages from the defendant. Birth injury cases may have more complex statutes of limitations than other types of medical malpractice claims.

A lawsuit is typically brought against the doctor or lawyers hospital who caused injury to patients during labor or delivery. These cases are usually called birthing injury lawsuits or wrongful birth suits though Florida's laws allow parents to pursue a medical malpractice suit in the event of a baby's death.

In a medical malpractice case, the injured party must prove the at-fault doctor failed to adhere to the standard of care and consideration another health care provider would have utilized in similar circumstances. This includes failing to recognize an illness that is serious, for example, low levels of oxygen in the childbirth process which can result in cerebral palsy and brain damage.

The first step to file a birth defect lawsuit is to reach a skilled attorney. The majority of lawyers offer free consultations and case review to potential clients. If an attorney believes that the claim of a client is legitimate they will look over the medical documents of the client and employ experts to analyze them. They can also assist in the preparation of documents and filing the medical malpractice lawsuit within time.

Expert Witnesses

In cases involving birth injuries, it is essential to have medical experts that can explain to a jury the medical procedures and practices. However, expert witnesses aren't easy to work with as they have to carefully review huge amounts of data and be able to make decisions based on the facts rather than their opinions. They should also be prepared to testify on facts that might contradict their position.

In the Daubert Case, the plaintiffs' expert argued that Bendectin caused their child's birth defect. The judge ruled that the evidence was "at the cutting-edge of scientific research, where evidence meets theories and certainty dissolves into probabilities." However, he did not believe there was enough evidence that Bendectin caused birth defects.

The Daubert decision was a setback to plaintiffs who had filed suit against pharmaceutical companies in seeking justice. There are many avenues for a person who has suffered injury to file a lawsuit for a birth defect.

A Philadelphia birth defect attorney can assist victims in determining whether they have a case. Lawyers can assist victims determine if they're qualified to file a lawsuit as an individual or a class action. In certain cases lawyers can file a birth injury lawsuit as part of multidistrict lawsuit (MDL). To begin complete the form below for a the opportunity to have a no-cost and confidential consultation with a professional lawyer.

Representation

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

Medical negligence claims tend to be based on a doctor's failure diagnose or treat a disease. A physician may fail to conduct 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 during the child's development in the womb.

A birth defect may affect any part of the body of a newborn and affect their appearance, health and functioning. In some cases birth defects can shorten the life span of a child or trigger major medical expenses.

Contact a birth defect lawyer now if you believe your child's birth defect or birth injury was caused by medical negligence or carelessness during labor lawyers or birth. A lawyer can explain your options and assist you to file a claim prior to the time limit expiring. A lawyer can also negotiate an agreement with the parties accountable for the injury of your child.