10 Birth Defect Claim Tricks All Experts Recommend

How to File a Birth Defect Lawsuit

Modern medical and technological advances have significantly reduced the risks of childbirth. However, birth defects or injury can still happen frequently.

A birth defect lawsuit seeks to compensate your child for medical expenses, educational costs and other damages. To be able to file an action, you must demonstrate that a medical professional breached the standard of care prior Birth defects to pregnancy or the birth of your child.

Damages

Pregnancy can be one of the most exciting, yet nerve-wracking events in a parent's lifetime. 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 birth defects. A family who is shocked by this circumstance should think about seeking legal action for a birth defect.

A successful birth defect lawsuit can result in damages for a multitude of different things. These include the victim's pain and suffering and loss of consortium, medical expenses, and loss of earning capacity. The amount of compensation an individual victim will be awarded depends on the severity of the child's condition and how much it has affected their quality of life.

Birth injuries and birth defects can be caused by a variety of causes such as environmental exposures. Research has shown that certain chemicals like fungicides, pesticides and lead, as well paints, and heavy metals can increase the likelihood of birth defects. Birth defect lawyers have filed suits against companies that exposed workers to harmful chemicals, and against pharmaceutical companies who have manufactured drugs that can cause birth defects in fetuses like DES.

If you suspect that medical malpractice caused your child's birth injury or birth defect, consult a lawyer for birth defects immediately. In some states, you only have one year to file a medical negligence suit, and if you wait longer than that can 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 establishes how long a person has to file a civil claim. A person who misses a deadline loses the right to pursue a defendant for damages. birth defect lawsuits injury cases could have more complex statutes of limitations than other kinds of medical malpractice claims.

A lawsuit is usually filed against the doctor or hospital that caused injuries to a patient during labor and delivery. These cases are usually called birthing injury lawsuits or wrongful birth suits though Florida's laws allow parents to file a medical malpractice suit for the death of an infant.

In order to prove medical malpractice, the injured party must prove that the doctor who was at fault did not follow the standards of care and consideration required by a different health healthcare provider in similar circumstances. This includes failing in diagnosing an illness that is serious like low levels of oxygen during childbirth which can cause cerebral palsy or brain damage.

A qualified attorney should be the first step to filing a lawsuit against birth defects. Most attorneys offer free consultations and reviews of cases to prospective clients. If an attorney is convinced that the claim of a client is legitimate they will go over the medical documents of the client and hire experts to evaluate the evidence. They can also assist in the preparation of documents and filing the medical malpractice lawsuit in time.

Expert Witnesses

In a case involving birth injuries, it is important to have experts who can explain medical practices and procedures before a jury. Expert witnesses can be difficult because they must carefully examine a large amount of information to make decisions in accordance with facts rather than opinion. They must also be willing to testify on evidence that might contradict their position.

In the Daubert case the plaintiffs' experts argued that Bendectin had caused their child's birth defects. The judge found that the evidence was at the "cutting edge of research in science, where fact meets theory and the certainty transforms into probability." However, the judge did not consider there was enough evidence to support the claim that Bendectin increased the chance of developing birth defects.

The Daubert decision was a blow to plaintiffs that had filed a lawsuit against pharmaceutical companies an effort to obtain justice. Nonetheless, there are still many avenues for an injured party may pursue a lawsuit for birth defects.

A Philadelphia birth defect attorney can assist those suffering from birth defects to determine if they have a case. A lawyer can assist plaintiffs determine whether they are eligible to file a lawsuit as an individual or a class action. In certain cases lawyers may be able to make a birth injury claim as part of a multidistrict litigation (MDL). To get started by filling out the form here for a free and confidential consultation with a reputable lawyer.

Representation

Modern technology and recent advancements in medical technology may have reduced the chance of complications arising during pregnancy and childbirth, however they're not entirely eliminated. When a birth defect or injury occurs and the cause was preventable, parents can pursue legal action to recover the costs related to treatment.

Medical negligence claims are often due to a doctor's failure to diagnose or treat a condition. A doctor might fail to perform an ultrasound or make a mistake during surgery, resulting in birth defects such as spina bifida. Birth defects can also be caused by improper medication that is taken by the mother, or exposure to chemicals and other environmental dangers during the development of the baby during the womb.

A birth defect can affect any part of the newborn's body that can affect their health, appearance and functionality. In some cases birth defects can significantly diminish a baby's lifespan or result in an enormous amount of medical costs.

Contact an attorney for birth defects today if you suspect that your child's birth defect or injury was caused by medical negligence or negligence during labor or pregnancy. A lawyer can assist you in understanding your options and assist you to make a claim prior the time limit expiring. A lawyer can also negotiate a settlement with the responsible parties for the injury of your infant.