20 Birth Defect Claim Websites Taking The Internet By Storm

How to File a Birth Defect Lawsuit

Modern technology and advancements in medicine have dramatically reduced the risk of childbirth. But, a birth defect or injury still happens frequently.

A birth defect lawsuit seeks to pay your child's medical expenses, education costs, and other losses. To be able to file claims, you must establish that medical professionals 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 experiences in a parent's lifetime. Parents want their children to be perfect, and doctors try to do everything they can to prevent birth defects from occurring. Unfortunately, negligence and carelessness on the part of medical professionals can increase the risk of birth defects and injuries. When this happens, a stunned family might want to pursue justice via a birth defect lawsuit.

A successful birth defect lawsuit may result in damages for a variety of different things. This includes the victim's suffering and suffering as well as loss of consortium, medical expenses, and loss of earning capacity. The amount of damages that a victim will receive depends on the severity of the child's illness, and how much it has affected their standard of life.

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

If you believe that your child's birth defect, or birth injury is the result of medical malpractice, it is important to consult a reputable birth defect lawyer as soon as possible. In certain states, you only have one year to file a medical malpractice suit, and if you wait longer than that could mean losing your chance to obtain the justice you have earned for your child's injury.

Statute of limitations

A statute of limitations is a law which defines how long a person has to file a civil suit. Anyone who fails to meet a deadline loses the right to sue a defendant for damages. Birth injury cases may have more complex statutes of limitations than other types of medical malpractice cases.

A lawsuit is typically filed against the doctor or hospital that caused an injury to a patient during labor and birth. These cases are commonly referred to as birthing injury lawsuits or wrongful birth suits though Florida's laws allow parents to make a claim for medical malpractice for the death of an infant.

To prove medical malpractice, the party who suffered will need to show that the doctor at fault did not adhere to the standards of care and consideration required by a different health healthcare provider in similar circumstances. This includes failing to diagnose a serious condition such as low oxygen levels during childbirth that can cause cerebral palsy or brain damage.

The first step to file a birth defect lawsuit is to speak with a skilled attorney. Many attorneys provide free consultations to potential clients. If the attorney believes that a client has a valid claim they will look over medical records and employ experts to review the case. They can also assist in the preparation of documents and file the medical malpractice suit within time.

Expert Witnesses

In a birth injury case it is essential to have experts who can explain medical practices and procedures before a jury. Expert witnesses aren't easy to work with as they must carefully examine massive amounts of evidence and make decisions based on evidence rather than their opinions. Additionally, they must be prepared to testify about things that may contradict their beliefs.

In the Daubert case the plaintiffs' experts argued that Bendectin caused birth defects for their child. The judge concluded that the evidence was "at the cutting edge of research in science where fact meets theories and certainty dissolves into probabilities." However the judge did not believe there was enough evidence that Bendectin caused birth defects.

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

A Philadelphia birth defect attorney will assist the victims to determine whether they're eligible for a claim. A lawyer can determine if a plaintiff is eligible to pursue a lawsuit by themselves or as part of an action class. In certain cases an attorney may be able to make a claim for birth injury as part of a multidistrict lawsuit. Please fill out the form below for a confidential and free consultation with an attorney.

Representation

Although the latest technology and advancements in the medical field have drastically reduced the chance of complications during pregnancy and childbirth, they are not entirely eliminated. If a birth defect injury occurs and the cause was preventable, parents can seek legal action to pay for the costs associated with treatment.

Medical negligence claims typically stem from a doctor's failure to recognize or treat a problem. A doctor may not perform an ultrasound or make a mistake during surgery, a cool way to improve leading to birth defects like spina bifida. Birth defects can be caused by improper medication taken by the mother, or exposure to chemicals and other environmental hazards during the baby's development in the womb.

A birth defect attorneys defect can affect any part of a newborn's body and impact their health, function and appearance. In certain instances the birth defect could dramatically reduce a child's lifespan or result in a significant amount of medical expenses.

If you believe the birth defect or injury was due to medical malpractice or negligent care during labor or pregnancy get in touch with a reputable birth defect lawyer today. A lawyer can provide you with your options and assist you submit a claim prior to the deadline for filing. A lawyer can also negotiate a settlement with the responsible parties for the injury suffered by your child.