10 Things Everybody Gets Wrong Concerning Birth Defect Claim

How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have drastically reduced the risk of childbirth. Birth defects or injuries occur often.

A birth defect lawsuit seeks compensation for medical expenses of your child, educational costs, and other losses. To pursue such a claim, you must prove that a medical professional breached the standard of care before or during pregnancy or during the delivery.

Damages

Pregnancy can be one of the most exciting yet nerve-wracking events during the lifetime of a parent. Parents want their babies to be perfect, and doctors work to do all they can to stop birth defects from happening. However, carelessness and negligence on the part of medical practitioners can increase the risk of birth injuries and birth defects. In the event of this happening the family of the victim might want to pursue justice via a birth defect lawsuit.

A successful birth defect lawsuit could result in damages for a variety of different things. This includes suffering for the victim as well as loss of consortium and medical costs, as well as loss of earning capacity. The amount of the damages a victim is awarded will depend on the severity of their child's condition and the extent to which it has impacted with their quality of life.

Environmental exposures can cause birth defects and birth injuries. Studies have shown that certain chemicals like pesticides, fungicides, lead, paints and heavy metals can increase the likelihood of birth defects. Birth defect lawyers have filed lawsuits against companies that have exposed workers to harmful chemicals, and also against pharmaceutical companies who have manufactured drugs that can cause birth defects in fetuses, like DES.

If you think your child's birth defect or birth injury is the result of medical malpractice, you should speak with a skilled birth defect lawyer as soon as you can. In certain states, you are given one year to file a lawsuit claiming medical malpractice. If you wait it could mean that your child will not receive the justice they deserve.

Statute of limitations

A statute of limitation is a law that establishes the deadline for someone to file a civil lawsuit. If a person fails to meet the deadline, they lose the right to claim damages from the defendant. Birth injury claims may have a more complicated time limit than other medical malpractice claims.

A lawsuit is usually brought against the hospital or doctor who caused injury to a patient during labor and birth. These types of cases are typically called birthing injuries lawsuits or wrongful birth suits, however Florida's laws permit parents to bring a medical malpractice lawsuit to bring a child's death.

In a lawsuit for medical malpractice the injured party must prove that the doctor at fault did not adhere to the standard of care and consideration any other medical professional would have applied in similar circumstances. This includes failing diagnose a serious condition such as low oxygen levels during childbirth which can result in cerebral palsy and brain damage.

The first step in filing a birth defect lawsuit is to speak with a skilled attorney. The majority of lawyers offer free consultations for potential clients. If an attorney believes the claim of a client is valid they will look over the medical documents of the client and birth defect lawsuit then hire experts to assess the evidence. They will also assist with the preparation of documents and file the medical malpractice lawsuit within the timeframe.

Expert Witnesses

In a birth injury case it is crucial to have experts who can explain medical practices and procedures before a jury. Expert witnesses can be difficult because they have to carefully review an extensive amount of information to be able make decisions based on fact rather than opinion. They also have to be willing to testify on evidence that could contradict their opinion.

In the Daubert case the plaintiffs' experts claimed that Bendectin caused birth defects for their child. The judge concluded that the evidence was at the "cutting edge of scientific research, where evidence meets theory, and certainty transforms into probability." However the judge did believe that there was sufficient proof that Bendectin doubled a baby's risk of developing birth defects.

The Daubert ruling was a setback for the plaintiffs, who had sued pharmaceutical companies to achieve justice. Nonetheless, there are still many ways that an injured person could pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer can provide victims with advice on whether they have a right to sue. Lawyers can assist plaintiffs determine if they are qualified to file a personal lawsuit or a class action. In some instances an attorney may be able to make a claim for birth injuries as part of a multidistrict litigation. 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 drastically reduced the chance of complications during childbirth and pregnancy, they are not entirely eliminated. If a birth defect injury occurs, and the cause was preventable, parents may pursue legal action to cover costs related to treatment.

Medical negligence claims usually result from a doctor's inability to diagnose or treat a condition. Physicians may fail to perform an ultrasound or make a mistake during surgery, resulting in a birth defect lawsuits defect such as spina bifida. Other common causes of a birth defect lawsuit include insufficient medication for the mother or exposure to chemicals or other environmental dangers while the baby is developing in the womb.

A birth defect could affect any part of the body of a newborn which can affect their health, appearance and functioning. In some instances, birth defects can reduce a baby's lifespan or cause substantial medical expenses.

Contact a birth defect lawyer now if you believe your child's birth injury or defect was the result of medical negligence or mistakes during labor or pregnancy. A lawyer can assist you to determine your options and make a claim before the statute of limitations expires. A lawyer might also be able to negotiate the settlement on your behalf with the parties accountable for your child's injuries.