Your Family Will Be Thankful For Having This Birth Defect Claim

How to File a Birth Defect Lawsuit

Modern medical technology and medicine have drastically decreased the risks of childbirth. But, a birth defect or injury still occurs frequently.

A birth defect lawsuit seeks to pay your child's medical expenses, education costs, and other losses. To pursue a claim, you need to establish that a medical professional did not meet the standard of care prior to pregnancy or delivery.

Damages

Pregnancy is among the most exciting and stressful moments in the life of a mother. Parents want their babies perfect and doctors do everything to prevent birth defects. However, carelessness and negligence on the part of medical practitioners can increase the chance of birth defects and injuries. A family that is shocked by this news should think about seeking legal action for a birth defect.

A successful birth defect lawsuit may result in damages for a number of different things. This can include pain and suffering for the victim as well as loss of consortium, medical costs, as well as lost earning capacity. The amount of damages a person suffers will depend on the severity of their child's condition and the extent to which it has affected with their daily life.

Birth injuries and birth defects can be caused by a variety of causes that include exposure to environmental factors. Research has shown that certain chemicals like pesticides, fungicides lead, paints and heavy metals may increase the chance of birth defects. Birth defect lawyers have filed suits against companies that exposed workers to harmful chemicals, and against pharmaceutical companies that have produced products that cause birth defects in fetuses, such as DES.

If you suspect that medical error caused the birth injury or birth defect, you must seek out a birth defect lawyer immediately. In certain states, you have only one year to file a medical malpractice suit, and if you wait longer than that could mean losing your chance to get the justice you deserve for your child's injury.

Statute of limitations

A statute of limitations is a law that defines the time limit for a person to file a civil suit. A person who misses an expiration date will lose the right to claim damages against a defendant. Birth injury cases have more complicated statutes of limitations than other types of medical malpractice claims.

A lawsuit is usually brought against the hospital or doctor that caused an injury to the patient during labor and delivery. These cases are sometimes known as birthing injuries lawsuits or wrongful birth lawsuits although Florida's laws permit parents to file a malpractice lawsuit for the death of an infant.

To prove medical malpractice, the victim must prove that the doctor responsible did not adhere to the standard of care or consideration required by a different health healthcare provider in similar situations. This includes failing in diagnosing an illness that is serious such as low oxygen levels during childbirth that result in cerebral palsy and brain damage.

The first step to file a birth defect lawsuit is to contact an experienced attorney. A majority of attorneys offer free consultations to potential clients. If an attorney is convinced that a client's claim is valid, they will review the medical records of the client and then hire experts to evaluate the claims. They will also assist in preparing documents and filing the medical malpractice lawsuit within time.

Expert Witnesses

In cases involving birth injuries, it is crucial to have medical experts who can explain to a jury the medical procedures and practices. Expert witnesses can be difficult because they must carefully examine a vast amount of data in order to make a decision based on fact rather than opinion. They should also be prepared to provide evidence on matters that could contradict their opinions.

In the Daubert Case, the plaintiffs' expert suggested that Bendectin is the reason for 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 the judge was not convinced there was sufficient evidence to prove that Bendectin caused birth defects.

The Daubert ruling was a setback for plaintiffs, who had suing pharmaceutical companies to try and achieve justice. There are a variety of avenues an injured person can file a lawsuit for the birth defect.

A Philadelphia birth defect lawyer can help victims determine whether they have a case. A lawyer can determine if an individual plaintiff is eligible to file a lawsuit individually or as part of an action class. In certain cases attorneys can bring a lawsuit on behalf of a birth injuries as part a multidistrict lawsuit. Fill out the form for a confidential and free consultation with an attorney.

Representation

Although the advancements in technology and developments in the field of medicine have significantly reduced the risk of complications during childbirth and pregnancy However, they aren't eliminated. Parents can pursue legal action if they suffer a birth injury or defect occurs, and the reason could have been avoided.

Medical negligence claims usually result from a doctor's inability to recognize or treat a problem. A doctor Birth defect lawyers may fail to conduct an ultrasound or make a mistake during surgery, leading to a birth defect such as spina bifida. Birth defects can also be caused by improper medication taken by the mother, or exposure to chemicals and other environmental dangers during the development of the baby in the womb.

A birth defect could affect any part of the body of a newborn that can affect their health, appearance and functioning. In some cases the birth defect can drastically reduce a baby's life expectancy or lead to a significant amount of medical expenses.

If you think the birth defect or injury was caused by medical malpractice or negligent care during pregnancy or labor consult a certified birth defect attorney today. A lawyer can help you discover your options and submit a claim before the statute of limitations runs out. A lawyer may also be competent to negotiate settlements on behalf of you with the parties responsible for your infant's injury.