See What Birth Defect Claim Tricks The Celebs Are Making Use Of

How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have greatly reduced the risks associated with birth. But, a birth defect (web) or injury still occurs frequently.

A birth defect lawsuit seeks to recover for your child's medical expenses as well as educational costs and other losses. You must prove that the medical professional who was involved did not follow the standard of care prior to 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 to be perfect, and doctors strive to do everything they can to stop birth defects from occurring. However, carelessness and negligence on the part of medical professionals can increase the chance of birth injuries and birth defects. When this occurs, a stunned family should consider seeking justice through a birth defect lawsuit.

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

Birth injuries and birth defects can be caused by a number of factors, including environmental exposures. Research has shown that certain chemicals like pesticides, fungicides and lead, as well as paints and heavy metals may increase the chances of birth defects. Birth defect lawyers have brought suits against companies that exposed workers to these toxic chemicals, as well against pharmaceutical companies that have produced drugs that could cause birth defects in fetuses like DES.

If you suspect that your child's birth defect, or birth injury was the result of medical malpractice, it is important to seek out a skilled birth defect lawyer as quickly as you can. In certain states, there's only one year to file a medical negligence lawsuit, and waiting more 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 defines the time limit for an individual to file a civil lawsuit. If a person fails to meet a deadline loses the right to sue a defendant for damages. Birth injury claims may be more complex in terms of the time limit than other medical malpractice claims.

A lawsuit is usually filed against the medical professional or hospital that caused a patient's injuries during labor and birth. These cases are often known as birthing injury lawsuits or wrongful birth suits although Florida's laws allow parents to file a medical malpractice suit to bring a child's death.

In a medical malpractice case the plaintiff must prove that the doctor at fault failed to adhere to the standards of care and consideration that another medical professional would have applied in similar circumstances. This includes failing diagnose a serious condition such as low levels of oxygen during childbirth which can lead to cerebral palsy and brain damage.

The first step to file a birth defect lawsuit is to contact a skilled attorney. The majority of lawyers offer free consultations for potential clients. If an attorney believes the client's claim is legitimate they will examine the medical documents of the client, and they will hire experts to evaluate them. They will also assist in preparing documents and file the medical malpractice lawsuit in time.

Expert Witnesses

In a birth injury case it is essential to have experts who can explain medical practices and procedures to jurors. Expert witnesses can be difficult as they have to carefully review a vast amount of data to be able make decisions in accordance with facts rather than opinion. Additionally, they must be willing to testify about information that might contradict their beliefs.

In the Daubert case, the plaintiffs' experts argued that Bendectin caused their child's birth defects. The judge ruled that the evidence was at the "cutting edge of scientific research, where evidence is matched by theory, and certainty turns into probabilities." However the judge did not believe there was sufficient evidence to prove that Bendectin increased the chance of developing birth defects.

The Daubert decision was an affront to plaintiffs who had filed suit against pharmaceutical companies in an attempt to get justice. However, there are numerous avenues that an injured person could pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer can advise victims about whether they have an opportunity to file a claim. A lawyer can decide if an individual plaintiff is eligible to file a suit on their own or as part of a class action. In certain cases lawyers may be able to start a lawsuit for birth injuries in the context of multidistrict litigation (MDL). To start, fill out the form on this page to request a an unreserved and confidential consultation with a professional lawyer.

Representation

Although the advancements in technology and advances in the field of medicine have significantly reduced the risk of complications during childbirth and pregnancy, they are not entirely eliminated. When a birth defect or injury occurs and the cause was preventable parents can pursue legal action to cover the costs associated with treatment.

Medical negligence claims typically stem from a doctor's failure to properly diagnose or treat a condition. For instance, a doctor could neglect to perform an ultrasound screening or make an error during surgery, which could result in a birth defect, such as spina bifida. Other causes for a birth defect lawsuit include inadequate medication for the mother or exposure to chemicals or other environmental dangers while the baby develops in the womb.

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

If you suspect that your child's birth defect or injury is the result of medical malpractice or negligent care during pregnancy or labor get in touch with a reputable birth defect lawyer today. A lawyer can explain your options and help submit a claim prior to the statute of limitations expiring. A lawyer may also be able to negotiate an agreement on behalf of you with the parties accountable for the injury to your child.