10 Birth Defect Claim Tricks All Experts Recommend

How to File a Birth Defect Lawsuit

Modern medicine and technology have greatly reduced the risks of childbirth. However, birth defects or injury still happens frequently.

A birth defect lawsuit seeks reimbursement for your child's medical expenses or educational costs, among other losses. To pursue claims, you must establish that a medical professional violated the standard of medical care prior to or during pregnancy, or the birth of your child.

Damages

Pregnancy is among the most exciting and stressful times in a parent's life. Parents want their babies to be perfect, and doctors strive to do all they can to prevent birth defects from happening. Unfortunately, carelessness and negligence on the part of medical practitioners can increase the chance of birth injuries and birth defects. When this happens an astonished family ought to consider pursuing justice through a birth defect lawsuit.

A successful birth defect suit could result in damages for many different things. This includes pain and suffering for the victim as well as loss of consortium and medical expenses, not to mention loss of earning capacity. The amount of the damages a victim is awarded will depend on the severity of their child's condition and the extent that it has affected with their quality of life.

Birth injuries and birth defects can be caused by a variety of factors, including environmental exposures. Studies have proven that certain chemicals like pesticides, fungicides and lead, as well as paints and heavy metals may increase the likelihood of birth defects. Birth defect lawyers have filed suits against businesses that have exposed workers to toxic chemicals, as well against pharmaceutical companies that have produced drugs that could cause birth defects in fetuses, such as DES.

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

Statute of Limitations

A statute of limitation is a law that defines the time limit for someone to file a civil lawsuit. If a person fails to meet the deadline will lose the right to claim damages against a defendant. Birth injury claims may have a more complicated time limit than other medical malpractice claims.

A lawsuit is typically filed against the hospital or doctor that caused a patient's injuries during labor and birth. These cases are often known as birthing injury lawsuits or wrongful birth suits, however, birth defects Florida's laws permit parents to bring a medical malpractice lawsuit for the death of an infant.

To prove medical negligence, the person who was injured must prove that the doctor at fault was not able to meet the standard of care or consideration required by a different health medical professional in similar circumstances. This includes failing to recognize an illness that is serious for example, low levels of oxygen during childbirth that cause brain damage and cerebral palsy.

Finding a reputable attorney is the first step towards filing an action for birth defects. Many attorneys provide free consultations for potential clients. If the attorney believes that a client has a valid claim they will review medical records and hire experts to evaluate the case. They can also assist in the preparation of documents and filing the medical malpractice lawsuit in time.

Expert Witnesses

In a case involving a birth defect attorney injury, it is important to have experts who can explain medical procedures and practices to a jury. However, expert witnesses can be difficult to work with since they must be able to scrutinize massive amounts of data and be able to make decisions based on facts rather than their opinions. In addition, they must be able to testify regarding things that may contradict their views.

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

The Daubert ruling was a setback for plaintiffs, who had filed a lawsuit against pharmaceutical companies to try and achieve justice. However, there are many ways that an injured person can pursue a lawsuit for birth defects.

A Philadelphia birth defect lawyer can assist those suffering from birth defects to determine whether they're eligible for a claim. A lawyer can determine if the plaintiff is able to pursue a lawsuit by themselves or as part of an action class. In some instances an attorney may be able to make a claim for birth injuries as part a multidistrict lawsuit. To start, fill out the form below for a an unreserved and confidential consultation with a reputable lawyer.

Representation

Modern technology and recent advancements in medical technology may have decreased the chance of complications arising during childbirth and pregnancy, but they're still not completely eliminated. If a birth defect, or injury occurs and the cause is preventable, parents may seek legal action to recover the costs related to treatment.

Medical negligence claims typically stem from a doctor's failure to diagnose or treat a problem. Physicians may fail to perform an ultrasound or make a mistake in surgery, resulting in birth defects such as spina bifida. Birth defects can be caused by a wrong medication that is taken by the mother, or exposure to chemicals or other environmental dangers during the development of the baby during the womb.

A birth defect can affect any part of a newborn's body. It can affect their health, functioning and appearance. In some cases birth defects can severely reduce a baby's life expectancy, or cause an enormous amount of medical costs.

Contact an attorney for birth defects today if you believe that your child's birth defect or birth injury was the result of medical negligence or birth defects malpractice during pregnancy or labor. A lawyer can help you understand your options and make a claim prior to the statute of limitations runs out. A lawyer can also negotiate an agreement with the parties accountable for the harm to your child.