See What Birth Defect Claim Tricks The Celebs Are Utilizing

How to File a Birth Defect Lawsuit

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

A birth defect lawsuit seeks compensation for your child's medical expenses, educational costs, and other expenses. To pursue a claim, you must prove that medical professionals violated the standard of care prior to pregnancy or the birth of your child.

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 attempt to do all they can to prevent birth defects from occurring. Unfortunately, carelessness and negligence on the part of medical practitioners can increase the chance of birth injuries and birth defects. When this occurs the family of the victim should consider seeking justice through a birth defect lawsuit.

A successful birth defect lawsuit could result in damages for a range of different things. This can include pain and suffering for the victim as well as loss of consortium and medical expenses, as well as loss of earning capacity. The amount of damages that the victim will receive is contingent on the severity of the child's medical condition, and how much it has affected their quality of living.

Birth injuries and birth defects can be caused by a variety of causes that include environmental exposures. Research has shown that certain chemicals like fungicides, pesticides and lead, as well paints and heavy metals can increase the risk of birth defects. birth defect law firm defect lawyers have brought suits against businesses that have exposed workers to these harmful chemicals, and also against pharmaceutical companies that have produced products that cause birth defects in fetuses, like DES.

If you suspect that your child's birth defect or birth injury was the result of medical malpractice, it is important to consult a reputable birth defect lawyer as quickly as you can. In some states, there is only one year to file a medical malpractice suit, and Birth defect waiting longer than that may mean losing your chance to obtain the justice you need for your child's injuries.

Statute of Limitations

A statute of limitation is a law that defines the time limit for a person to file a civil lawsuit. If a person misses the deadline, they will lose the right to collect damages from a defendant. Birth injury cases may have more complex statutes of limitations than other types of medical malpractice cases.

A lawsuit is usually brought against the hospital or doctor who caused injury to patients during labor or delivery. These cases are often called birthing injury lawsuits or wrongful birth suits, though Florida's laws allow parents to make a claim for medical malpractice to bring a child's death.

In a medical malpractice case the injured party must prove the at-fault doctor was not adhering to the expected level of care and consideration another health care provider would have utilized in similar circumstances. This includes failing to diagnose an illness that is serious like low oxygen levels during childbirth that can cause cerebral palsy and brain damage.

The first step in filing a birth defect lawsuit is to reach a skilled attorney. Most attorneys offer free consultations and case review to potential clients. If an attorney is convinced that the claim of a client is legitimate they will look over the medical records of the client, and they will hire experts to review the records. They will also help prepare documents and file the medical malpractice suit on time.

Expert Witnesses

In a case involving birth injuries, it is crucial to have medical experts who are able to explain to jurors the medical procedures and practices. Expert witnesses can be difficult to testify because they have to scrutinize a vast amount of data to be able to make decisions that are based on evidence rather than opinion. Additionally, they must be prepared to testify about facts that could contradict their views.

In the Daubert case the plaintiffs' experts claimed that Bendectin caused their child's birth defects. The judge ruled that the evidence was on the "cutting edge of scientific research, where fact meets theory, and certainty transforms into probabilities." However, the judge did not believe there was sufficient evidence to prove that Bendectin doubled a baby's chance of developing birth defects.

The Daubert decision was an affront to plaintiffs who had filed suit against pharmaceutical companies in seeking justice. But there are numerous avenues that an injured person can pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer can provide victims with advice on whether they're eligible for claims. A lawyer can determine whether the plaintiff is eligible to file a lawsuit individually or as part of a class action. In some cases lawyers may be able to 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

Although the latest technology and advances in medicine have greatly reduced the risk of complications during pregnancy and childbirth However, they aren't eliminated. When a birth defect or injury occurs, and the cause is preventable, parents may seek legal action to cover the costs associated with treatment.

Medical negligence claims typically stem from a doctor's failure to properly diagnose or treat a problem. For example, a physician could neglect to perform an ultrasound screening or make mistakes during surgery, which could result in a birth defect similar to spina bifida. Other common causes of a birth defect lawsuit 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. It can affect their health, function and appearance. In some instances, a birth defect can severely reduce a baby's lifespan or result in a significant amount of medical expenses.

If you suspect your child's birth defect or injury is the result of negligence or medical malpractice during labor or pregnancy consult a certified birth defect lawyer today. A lawyer can help identify your options and submit a claim before the deadline for filing a claim expires. A lawyer may also be able to negotiate a settlement on behalf of you with the responsible parties for your child's injuries.