Birth Defect Claim 101: The Ultimate Guide For Beginners

How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have drastically reduced the risk of childbirth. However, birth defects or injury still occurs frequently.

A birth defect lawsuit seeks to pay your child's medical expenses, education costs as well as other losses. You must prove that the medical professional you are suing breached the standard of care prior to or during the birth or during pregnancy.

Damages

Pregnancy is among the most exciting and nerve-wracking moments in the life of a parent. Parents want their children to be perfect, and doctors strive to do everything possible to prevent birth defects from occurring. Unfortunately, negligence and carelessness on the part of medical professionals can increase the risk of birth injuries and birth defects. If this happens, a stunned family might want to pursue justice via a birth defect lawsuit.

A successful birth defect lawsuit can result in damages for many different things. These include the victim's suffering and suffering and loss of consortium, medical expenses and lost earning capacity. The amount of compensation the victim will be awarded is contingent on the severity of the child's illness and how much it has affected their standard of life.

Birth injuries and birth defects can be caused by a number of causes, including exposure to environmental factors. 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 lawsuits against companies that exposed workers to harmful chemicals, and against pharmaceutical companies that have produced drugs that can cause birth defects in fetuses such as DES.

If you suspect that medical malpractice caused your child's birth injury or birth defect, birth defects you must consult a lawyer for birth defects immediately. In certain states, you have only one year to file a medical malpractice suit, and waiting longer than that could result in losing your chance of getting the justice you have earned for your child's injury.

Statute of Limitations

A statute of limitations is a law which establishes the time limit for an individual to file a civil lawsuit. A person who misses a deadline loses the right to pursue a defendant for damages. Birth injury cases 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 an injury to patients during labor or birth. These cases are sometimes referred to birthing injury lawsuits or wrongful birth lawsuits, however Florida's laws permit parents to file a malpractice suit for the death of a child.

In order to prove medical negligence, the person who was injured must prove that the doctor responsible was not able to meet the standards of care and consideration required by a different health medical professional in similar circumstances. This includes failing to recognize a serious condition such as low levels of oxygen during childbirth which can result in cerebral palsy and brain damage.

Finding a reputable attorney is the first step in filing a lawsuit for birth defects. Many attorneys provide free consultations to prospective clients. If an attorney believes that a client's claim is valid they will go over 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 on time.

Expert Witnesses

In a case involving a birth injury it is crucial to have experts who can explain medical procedures and practices to jurors. Expert witnesses can be difficult because they must scrutinize an extensive amount of information to be able to make decisions based on facts, not opinion. They must also be willing to testify on evidence that could contradict their opinion.

In the Daubert case the plaintiffs' experts claimed that Bendectin had caused their child's birth defects (M1bar.Com). The judge concluded that the evidence was on the "cutting edge of research in science, where fact is matched by theory, and certainty turns into probability." However the judge did not believe that there was sufficient evidence that Bendectin doubled a baby's chance of developing birth defects.

The Daubert ruling was a setback for plaintiffs, who had sued pharmaceutical companies in order to win justice. There are numerous avenues that an injured party may pursue a lawsuit for birth defects.

A Philadelphia birth defect lawyer can assist those suffering from birth defects to determine if they have a case. A lawyer can determine whether a plaintiff is eligible to pursue a lawsuit by themselves or as part of an action class. In certain instances lawyers may be able to make a birth injury claim as part of multidistrict lawsuit (MDL). Please fill out the form below for a confidential and free consultation with an attorney.

Representation

Although modern technology and recent developments in the field of medicine have significantly reduced the risk of complications during pregnancy and childbirth however, they are not completely eliminated. Parents can pursue legal action if they suffer a birth defect or birth injury occurs, and the cause could have been prevented.

Medical negligence claims often stem from a doctor's failure to recognize or treat a condition. A doctor may fail to diagnose an ultrasound or make a mistake during surgery, leading to birth defects such as spina bifida. Birth defects can be caused by improper medication that is taken by the mother or exposure to chemicals and other environmental dangers during the child's development during the womb.

A birth defect may affect any part of the newborn's body which can affect their health, appearance and functionality. In certain instances birth defects can significantly diminish a baby's life expectancy, Birth defects or cause significant medical costs.

Contact an attorney for birth defects today if you believe that your child's birth injury or defect was caused by medical negligence or carelessness during labor or birth. A lawyer can explain your options and assist you file a claim prior to the statute of limitation expiring. A lawyer may also be in a position to negotiate settlements on behalf of you with the parties accountable for your infant's injury.