What Birth Defect Claim Could Be Your Next Big Obsession

How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have drastically reduced the risk of childbirth. Birth defects or injuries continue to occur often.

A birth defect lawsuit seeks to pay your child's medical expenses, education costs as well as other losses. To pursue such a claim, you must demonstrate that a medical professional breached the standard of care prior to or during pregnancy or the birth of your child.

Damages

Pregnancy is among the most exciting and stressful moments in the life of a parent. Parents want their children to be perfect, and doctors try to do all they can to stop birth defects from happening. Unfortunately, carelessness and negligence on the part of medical practitioners can increase the risk of birth injuries and defects. A family that is stricken by this circumstance should think about the possibility of suing over a birth defect.

A successful birth defect lawsuit can result in damages for many different things. This can include the suffering and suffering and loss of consortium, medical expenses and lost earning capacity. The amount of compensation an individual victim will be awarded depends on the degree of the child's health, and how much it has affected their standard of living.

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

If you suspect that medical error caused the birth injury of your child or birth defect, you should consult a lawyer for birth defects immediately. In certain states, you only have one year to file a medical malpractice lawsuit, and waiting more than that may mean losing your chance to get the justice you are due for the injury your child sustained.

Statute of Limitations

A statute of limitations is a law which defines the deadline for when a person is allowed to file a civil claim. If a person fails to meet an expiration date will lose the right to pursue a defendant for damages. Birth injury cases could have more complicated 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 delivery. These cases are commonly known as birthing injury lawsuits or wrongful birth suits however, Florida's laws permit parents to file a medical malpractice suit to bring a child's death.

In order to prove medical malpractice, the party who suffered must prove that the doctor at fault was not able to meet the standards of care and consideration required by a different health medical professional in similar circumstances. This includes not being able to identify an illness that is serious for example, low levels of oxygen in the childbirth process that can cause cerebral palsy or brain damage.

A qualified attorney should be the first step to file an action for birth defects. A majority of attorneys offer free consultations to potential clients. If an attorney believes that the claim of a client is valid they will examine the medical documents of the client and employ experts to review the records. They will also help prepare documents and file the medical malpractice lawsuit in time.

Expert Witnesses

In the case of a birth injury it is essential to have experts who can explain medical procedures and practices to a jury. Expert witnesses can be difficult to testify because they must scrutinize a large amount of information to be able to make decisions in accordance with facts rather than opinion. They also have to be willing to provide evidence on matters which may contradict their opinions.

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

The Daubert decision was a blow to plaintiffs that had filed lawsuits against pharmaceutical companies in an effort to obtain justice. There are many avenues for an injured person could pursue a lawsuit for birth defects.

A Philadelphia birth defect lawyer can assist victims about whether they have a right to sue. A lawyer can determine if the plaintiff is eligible to pursue a lawsuit by themselves or as part of an action class. In some cases, an attorney can make a claim for birth injuries as part of multidistrict litigation. To begin, fill out the form on this page for a free and confidential consultation with a professional attorney.

Representation

While modern technology and recent advances in the field of medicine have drastically reduced the chance of complications during pregnancy and childbirth However, they aren't eliminated. If a birth defect injury occurs and the cause was preventable parents can pursue legal action to cover the costs related to treatment.

Medical negligence claims are often based on a doctor's failure diagnose or treat a disease. A doctor might fail to perform an ultrasound or make a mistake during surgery, resulting in a birth defect such as spina bifida. Other causes that can lead to birth defect lawsuits include inadequate medication for the mother or exposure to chemicals or other environmental hazards while the baby is growing in the womb.

A birth defect can affect any part of a newborn's body, and affect their health, functioning and appearance. In some instances birth defects can decrease the lifespan of a baby or result in significant medical expenses.

If you believe your child's birth defect or injury was the result of medical malpractice or negligent care during labor or birth get in touch with a reputable birth defect lawyer today. A lawyer can assist you in understanding your options and assist you make a claim before the statute of limitations expiring. A lawyer may also be competent to negotiate the settlement on your behalf with the parties responsible for the injuries your infant sustained.