Your Family Will Be Thankful For Having This Birth Defect Claim

How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have drastically reduced the risks associated with childbirth. Birth defects or injuries still occur often.

A birth defect lawsuit seeks to compensate your child for medical expenses, education costs as well as other losses. To be able to pursue a claim, you need to prove that medical professionals violated the standard of medical care prior to or during pregnancy or the birth of your child.

Damages

Pregnancy is one of the most exciting and nerve-wracking moments in the life of a parent. Parents want their children to be perfect and doctors do everything they can to prevent birth defects. Medical negligence and carelessness could increase the risk for birth defects and injuries. In the event of this happening the family of the victim should consider seeking justice through a birth defect lawsuit.

A successful birth defect lawsuit can result in damages for a range of different things. These include a victim's suffering and suffering and loss of consortium medical expenses, and loss of earning capacity. The amount of the damages a victim is awarded will depend on the severity of their child's illness and the extent to which it has interfered in their quality of life.

Birth injuries and birth defects can be caused by a number of causes such as environmental exposures. Studies have proven that pesticides like lead and fungicides as well as paints, heavy metals and heavy metals, could increase the risk of birth defects. Birth defect lawyers have filed lawsuits against companies that exposed workers to harmful chemicals as well as pharmaceutical companies that make drugs such as DES that can cause birth deformities in fetuses.

If you suspect that your child's birth defect or injury is the result of medical malpractice, you should seek out a skilled birth defect lawyer as soon as you can. In certain states, you are given one year to file a suit for medical malpractice. If you wait, it could mean that your child won't get the justice they deserve.

Statute of limitations

A statute of limitations is a law that establishes the deadline for a person to file a civil lawsuit. If someone misses the deadline, they lose the right to claim damages from the defendant. Birth injury cases can have a more complicated statute of limitations than other medical malpractice claims.

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

In a medical malpractice lawsuit the injured party must prove the at-fault doctor did not follow the expected level of care and consideration any other medical professional would have utilized in similar circumstances. This could include failing to recognize serious conditions like low levels of oxygen in the childbirth process which can lead to cerebral palsy and brain damage.

Contacting a qualified attorney is the first step to file a lawsuit for birth defects. Most attorneys offer free consultations and reviews of cases to potential clients. If the attorney believes that a client has a valid claim they will look over medical records and hire experts to evaluate their credibility. They can also assist in the preparation of documents and file the medical malpractice lawsuit within the timeframe.

Expert Witnesses

In the case of a birth injury it is crucial to have experts who can explain medical practices and procedures to a jury. Expert witnesses can be difficult to testify because they must carefully examine an extensive amount of information to be able make decisions based on fact rather than opinions. Furthermore, they should be willing to testify on facts that could contradict their beliefs.

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

The Daubert ruling was a setback for the plaintiffs who had sued pharmaceutical companies to obtain justice. There are many avenues for an injured party may pursue a birth defect lawsuit.

A Philadelphia birth defect attorney can assist victims in determining whether they are a victim. Lawyers can assist clients determine if they're qualified to file a lawsuit as an individual or a class action. In some cases an attorney may be able to file a lawsuit for birth injury as part an interdistrict litigation. Fill out the form to receive a confidential and free consultation with an attorney.

Representation

Although the advancements in technology and birth defect lawsuits advances in the field of medicine have greatly reduced the risk of complications during childbirth and pregnancy however, they are not completely eliminated. Parents may pursue legal action if a birth injury or defect occurs, and the cause could have been avoided.

Medical negligence claims are typically due to a doctor's failure to diagnose or treat a disease. For instance, a doctor could neglect to perform an ultrasound examination or make a mistake during surgery, which could result in a birth defect similar to spina bifida. Other causes for birth defect lawsuits include an ineffective medication for the mother or exposure to chemicals or other environmental dangers while the baby is developing in the womb.

A birth defect may affect any part of the body of a newborn that can affect their appearance, health and function. In some instances birth defects can shorten the life span of a child or trigger significant medical costs.

If you suspect the birth defect or injury was the result of negligence or medical malpractice during pregnancy or labor get in touch with a reputable birth defect attorney today. A lawyer can help you understand your options and file a claim before the time limit expires. A lawyer can also negotiate an agreement with the parties accountable for the injury suffered by your infant.