5 Birth Defect Claim Projects That Work For Any Budget

How to File a Birth Defect Lawsuit

Modern technology and medicine have dramatically reduced the risks of childbirth. But, a birth defect or injury is still a common occurrence.

A birth defect lawsuit seeks to recover for your child's medical expenses education costs, as well as other expenses. To be able to pursue claims, you must demonstrate that a medical professional did not meet the standard of care prior to or during pregnancy or the birth of your child.

Damages

Pregnancy can be one of the most exciting, but nerve-wracking moments in a parent's lifetime. Parents want their children to be perfect, and doctors strive to do all they can to stop birth defects from happening. Inattention to medical issues and negligence can increase the risk of birth defects and injuries. When this happens families that are shocked might want to pursue justice via a birth defect lawsuit.

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

Birth defects and birth injuries can be caused by a number of causes which include exposure to environmental factors. Studies have revealed that certain chemicals, such as pesticides, fungicides lead, paints and heavy metals may increase the risk of birth defects. Birth defect lawyers have filed lawsuits against companies that exposed their workers to harmful chemicals, as well as pharmaceutical companies that manufacture drugs such as DES that can cause birth deformities in fetuses.

If you suspect that medical malpractice caused the birth injury of your child or birth defect, you must seek out a birth defect lawyer immediately. In some states, there is only one year to file a medical malpractice suit, and waiting longer than that can mean losing your chance to obtain the justice you deserve for your child's injury.

Statute of Limitations

A statute of limitations is a law that defines how long a person has to file a civil action. If a person fails to meet the deadline, they will lose the right to claim damages from a defendant. Birth injury claims may have a more complicated time limit than other medical malpractice claims.

A lawsuit is usually filed against the doctor or the hospital who caused the patient's injuries during labor and birth. These cases are usually referred to as birthing injury lawsuits or wrongful birth suits, though Florida's laws allow parents to pursue a medical malpractice suit in the event of a baby's death.

To prove medical malpractice, the injured party will need to show that the doctor responsible did not follow the level of care and consideration required by a different health healthcare provider in similar situations. This includes failing in diagnosing a serious condition such as low oxygen levels during childbirth that cause cerebral palsy and brain damage.

The first step to file a birth defect lawsuit is to contact a skilled attorney. A majority of attorneys offer free consultations and case reviews for prospective clients. If the attorney is convinced that a client has a valid claim they will look into medical records and engage experts to examine them. They can also assist in the preparation of documents and file the medical malpractice lawsuit within the timeframe.

Expert Witnesses

In cases which involves birth injuries, it is vital to have medical experts that can explain to a jury the medical practices and procedures. Expert witnesses aren't easy to work with as they have to carefully review huge amounts of information and make decisions based on evidence rather than opinions. Additionally, they must be willing to testify on facts that could contradict their beliefs.

In the Daubert case, the plaintiffs' experts suggested that Bendectin had caused their child's birth defects. The judge found that the evidence was on the "cutting edge of research in science, where reality meets theory and certainty dissolves into probabilities." However the judge did believe there was sufficient evidence to prove that Bendectin doubled the chances of developing birth defects.

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

A Philadelphia birth defect lawyer can provide victims with advice about whether they have a right to sue. Lawyers can determine if an individual plaintiff is eligible to pursue a lawsuit by themselves or as part of a class action. In some cases, an attorney can file a lawsuit for birth injuries as part of an interdistrict litigation. To begin, fill out the form on this page for an unreserved and confidential consultation with a licensed attorney.

Representation

Although the advancements in technology and advances in the field of medicine have drastically reduced the chance of complications during pregnancy and childbirth but they aren't completely eliminated. Parents can pursue legal action if they suffer a birth defect or birth injury occurs, and the reason could have been prevented.

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

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

Contact an attorney for birth defects now if you believe your child's birth defect or birth injury was caused by medical negligence or malpractice during pregnancy or labor. A lawyer can help determine your options and submit a claim before the statute of limitations expires. A lawyer may also be able to negotiate settlements on behalf of you with the parties responsible for the injury to your child.