What Birth Defect Claim Should Be Your Next Big Obsession

How to File a Birth Defect Lawsuit

Modern medical and technological advances have significantly reduced the risks of childbirth. Birth defects or injuries continue to occur often.

A birth defect lawsuit (click through the next page) seeks to recover for medical expenses of your child as well as educational costs and other losses. To be able to pursue a claim, you must establish that medical professionals violated the standard of medical care before or during pregnancy or delivery.

Damages

Pregnancy is among the most exciting and stressful moments in the life of a mother. Parents want their babies perfect and doctors do everything to prevent birth defects. However, carelessness and negligence on the part of medical professionals can increase the chance of birth injuries and birth defects. If this happens the family of the victim ought to consider pursuing justice through a birth defect lawsuit.

A successful birth defect lawsuit may result in damages for a number of different things. This includes suffering for the victim, loss of consortium and medical expenses, in addition to loss of earning capacity. The amount of the damages a victim is awarded will depend on the severity of their child's medical condition and the extent to which it has interfered with their daily life.

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

If you suspect that medical error caused your child's birth injury or birth defect, you should consult a lawyer for birth defects immediately. In certain states, you are given one year to file a suit for medical malpractice. If you wait this could mean that your child won't get the justice they deserve.

Statute of Limitations

A statute of limitations is a law that determines the time limit for a person to file a civil suit. If a person fails to meet an expiration date will lose the right to sue a defendant for damages. Birth injury claims have a more complicated time limit than other medical malpractice claims.

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

To prove medical malpractice, the victim must prove that the doctor Birth Defect Lawsuit at fault was not able to meet the level of care and consideration expected by another health healthcare provider in similar circumstances. This includes failing to diagnose a serious illness such as low levels of oxygen in the childbirth process which can cause brain damage and cerebral palsy.

The first step in filing a birth defect lawsuit is to reach a skilled attorney. The majority of lawyers offer free consultations for potential clients. If an attorney believes a client's claim is valid they will go over the medical records of the client, and they will hire experts to evaluate them. They will also help prepare documents and file the medical malpractice suit on time.

Expert Witnesses

In a birth injury case it is crucial to have experts who can explain medical procedures and practices before a jury. Expert witnesses can be difficult as they must carefully examine the vast amount of information to be able to make decisions in accordance with facts rather than opinions. Additionally, they must be willing to testify about information that might contradict their views.

In the Daubert case the plaintiffs' experts claimed that Bendectin was the cause of the birth defects of their child. The judge found that the evidence was on the "cutting edge of research in science, where reality is matched by theory, and certainty turns into probability." However the judge did believe there was sufficient proof that Bendectin doubled the chances of developing birth defects.

The Daubert decision was a blow to plaintiffs that had filed suit against pharmaceutical companies in an effort to obtain justice. However, there are many ways that an injured person can pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer can assist those suffering from birth defects to determine whether they have a case. Lawyers can determine if an individual plaintiff is eligible to file a lawsuit individually or as part of a class action. In some cases lawyers can make a claim for birth injury as part an interdistrict litigation. To begin by filling out the form on this page to request a an initial consultation for free and confidential with a reputable attorney.

Representation

Modern technology and recent advancements in medicine may have reduced the risk of complications that can occur during childbirth and pregnancy, but they're still not completely eliminated. Parents can take legal action if they suffer a birth defect or birth defect lawsuits injury occurs, and the cause could have been prevented.

Medical negligence claims are usually result from a doctor's inability diagnose or treat a condition. For instance, a physician could neglect to perform an ultrasound screening or make a mistake during surgery, which could result in a birth defect like spina bifida. Other causes that can lead to a birth defect lawsuit include inadequate medication for the mother or exposure to chemicals or Birth Defect Lawsuit other environmental hazards while the baby is developing in the womb.

A birth defect can affect any part of the body of a newborn which can affect their appearance, health and function. In certain instances, a birth defect can drastically reduce a baby's life expectancy or result in significant medical expenses.

If you suspect that your child's birth defect or injury was due to negligence or medical malpractice during pregnancy or labor consult a certified birth defect lawyer today. A lawyer can help explain your options and help you make a claim prior the statute of limitations expiring. A lawyer might also be capable of negotiating a settlement on your behalf with the responsible parties for your infant's injury.