10 Healthy Habits To Use Birth Defect Claim

How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have significantly reduced the risks associated with birth. Birth defects or injuries still occur frequently.

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

Damages

Pregnancy can be one of the most exciting, but nerve-wracking moments during the lifetime of a parent. Parents want their babies perfect, and doctors do everything they can to avoid birth defects. Unfortunately, negligence and carelessness on the part of medical professionals can increase the risk of birth injuries and defects. When this occurs an astonished family may want to seek justice through a birth defect lawsuit.

A successful birth defect lawsuit could result in damages for a number of different things. This includes the victim's pain and suffering as well as loss of consortium, medical expenses, and loss of earning capacity. The amount of damages that the victim will be awarded is contingent on the severity of the child's medical condition and how much it has affected their standard of life.

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

If you suspect that medical malpractice caused the birth injury or birth defect, seek out a birth defect law firms defect lawyer immediately. In certain states, you only have one year to file a medical negligence suit, and waiting longer than that may mean losing your chance to obtain the justice you need for your child's injuries.

Statute of limitations

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

A lawsuit is typically filed against the medical professional or hospital who caused the patient's injuries during labor and delivery. These cases are commonly called birthing injury lawsuits or wrongful birth suits, however, Florida's laws permit parents to file a medical malpractice suit for the death of an infant.

In order to prove medical malpractice, the injured party will need to show that the doctor responsible was not able to meet the standard of care and consideration expected by another health medical professional in similar circumstances. This includes failing diagnose serious conditions like low levels of oxygen during childbirth that can cause cerebral palsy and birth defect Lawsuit brain damage.

The first step in filing a birth defect lawsuit is to speak with an experienced attorney. The majority of lawyers offer free consultations to potential clients. If an attorney believes a client's claim is valid they will look over the medical records of the client and hire experts to assess the records. They can also assist in the preparation of documents and filing the medical malpractice lawsuit on time.

Expert Witnesses

In a case involving birth injuries it is crucial to have experts who can explain medical procedures and practices to a jury. Expert witnesses can be difficult to work with as they must carefully examine massive quantities of information and be able to make decisions based on the facts rather than opinions. They must also be willing to testify on facts that might conflict with their beliefs.

In the Daubert case the plaintiffs' experts argued that Bendectin had caused birth defects in their child. The judge found that the evidence was at the "cutting edge of scientific research, where fact meets theory and the certainty transforms into probability." However the judge did not believe there was enough evidence to prove that Bendectin doubled a baby's risk of developing birth defects.

The Daubert ruling was a setback to the plaintiffs, who had sued pharmaceutical companies in order to obtain justice. There are many avenues for 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. Lawyers can determine if the plaintiff is eligible to file a lawsuit individually or as part of an action class. In some instances attorneys can file a lawsuit for birth injuries as part multidistrict litigation. 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. When a birth defect or injury occurs and the cause is preventable, parents may seek legal action to cover the costs related to treatment.

Medical negligence claims often result from a doctor's inability to diagnose or treat a problem. For instance, a physician may fail to conduct an ultrasound screening or make a mistake during surgery, resulting in a birth defect such as spina bifida. Other causes for a birth defect lawsuit include an ineffective medication for the mother or exposure to chemicals or other environmental hazards while the baby is developing in the womb.

A birth defect could affect any part of the newborn's body that can affect their appearance, health and performance. In certain cases birth defects can shorten a baby's lifespan or cause significant medical costs.

Contact an attorney for birth defects today if you suspect that your child's birth defect or birth injury was caused by medical negligence or carelessness during labor or birth. A lawyer can assist you to determine your options and file a claim before the statute of limitations expires. A lawyer may also be competent to negotiate a settlement on your behalf with the parties accountable for your infant's injury.