There Are Myths And Facts Behind Birth Defect Claim

How to File a Birth Defect Lawsuit

Modern technology and medicine have dramatically decreased the risks of childbirth. Birth defects or injuries still occur frequently.

A birth defect lawsuit seeks compensation for medical expenses of your child, educational costs, and other losses. To pursue such an action, 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 can be one of the most exciting, yet nerve-wracking events in the life of a parent. Parents want their children to be perfect, and doctors try to do everything possible to stop birth defects from occurring. Medical negligence and inattention can increase the risk of birth defects and injuries. In the event of this happening the family of the victim may want to seek justice through a birth defect lawsuit.

A successful birth defect lawsuit may result in damages for a multitude of different things. This can include 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 compensation the victim will receive is contingent on the degree of the child's health, and how much it has affected their quality of life.

Environmental exposures can lead to birth injuries and birth defects. Studies have proven that pesticides such as lead and fungicides, as well heavy metals, paints, and heavy metals, can increase the risk of birth defects. Birth defect lawyers have filed suits against companies that exposed workers to these toxic chemicals, as well against pharmaceutical companies who have manufactured drugs that can cause birth defects in fetuses, such as DES.

If you suspect that medical malpractice caused the birth injury or birth defect, it is recommended to seek out a birth defect lawyer immediately. In certain states, you have only one year to file a lawsuit against medical malpractice. If you put off filing a lawsuit for a longer period and you don't, your child will never get the justice they deserve.

Statute of Limitations

A statute of limitations is a law that defines the deadline for an individual to file a civil lawsuit. Anyone who fails to meet the deadline will lose the right to sue a defendant for damages. Birth injury cases could have more complex statutes of limitations than other types of medical malpractice cases.

A lawsuit is usually filed against the medical professional or hospital who caused the patient's injuries during labor and delivery. These types of cases are typically known as birthing injury lawsuits or wrongful birth defect law firm suits, although Florida's laws allow parents to make a claim for medical malpractice to bring a child's death.

To prove medical malpractice, the injured party will need to show that the doctor who was at fault was not able to meet the standard of care or consideration expected by another health healthcare provider in similar situations. This includes failing to diagnose a serious illness, such as low oxygen levels during childbirth that can cause cerebral palsy and brain damage.

The first step in filing a birth defect lawsuit is to speak with a skilled attorney. Many attorneys provide free consultations to prospective clients. If the attorney believes that a client has a valid case, they will look over medical records and hire experts to examine the evidence. They can also assist in the preparation of documents and filing the medical malpractice lawsuit in time.

Expert Witnesses

In a case which involves birth injuries, it is crucial to have medical experts that can provide a jury with the medical practices and procedures. Expert witnesses can be difficult as they have to scrutinize a large amount of information to be able make decisions based on facts, not opinions. They must also be willing to testify about information that might contradict their positions.

In the Daubert Case the plaintiffs' expert believed that Bendectin is the reason for the birth defect of their child. 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 believe there was sufficient evidence to support the claim that Bendectin doubled the chances of developing birth defects.

The Daubert decision was a setback to plaintiffs who had filed suit against pharmaceutical companies in an attempt to get justice. But there are many ways that an injured person can pursue a birth defect lawsuit.

A Philadelphia birth defect attorney can assist victims in determining whether they're eligible for a claim. A lawyer can determine if the plaintiff is eligible to file a suit on their own or as part of a class action. In certain cases attorneys can make a claim for birth injury as part a multidistrict litigation. To begin complete the form below for a the opportunity to have a no-cost and confidential consultation with a reputable lawyer.

Representation

Although the advancements in technology and advancements in the medical field have drastically reduced the chance of complications during pregnancy and childbirth but they aren't completely eliminated. Parents can take legal action if a birth injury or defect occurs, and the reason could have been avoided.

Medical negligence claims are typically result from a doctor's inability identify or treat an illness. Physicians may fail to diagnose an ultrasound or make a mistake in surgery, leading to birth defects, such as spina bifida. Other causes that can lead to a birth defect lawsuit include insufficient medication for the mother or exposure to chemicals or Birth Defect Lawsuit other environmental hazards as the baby is growing in the womb.

A birth defect could affect any part of the body of a newborn which can affect their appearance, health, and performance. In some cases birth defects may reduce the lifespan of a baby or result in major medical expenses.

If you believe the birth defect or injury was caused by medical malpractice or negligent care during pregnancy or labor, contact a qualified birth defect attorney today. A lawyer can help you understand your options and make a claim before the time limit expires. A lawyer might also be competent to negotiate settlements on your behalf with the parties accountable for your child's injuries.