5 Birth Defect Claim Projects That Work For Any Budget

How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have significantly reduced the risk of the birth of a child. However, birth defects or injury can still happen frequently.

A birth defect lawsuit seeks to compensate your child for medical expenses, educational costs and other damages. To pursue such an action, you must prove that a medical professional did not meet the standard of care prior to or during pregnancy or delivery.

Damages

Pregnancy is one of the most exciting and nerve-wracking moments in the life of a parent. Parents want their babies to be perfect, and doctors strive to do all they can to prevent 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 happens families that are shocked ought to consider pursuing justice through a birth defect lawsuit.

A successful birth defect lawsuit can result in damages for a number of different things. These include the victim's pain and suffering and loss of consortium medical expenses and lost earning capacity. The amount of damages the victim will receive is contingent on the degree of the child's health and how it has affected their standard of living.

Birth injuries and birth defects can be caused by a variety of causes that include exposure to environmental factors. Research has shown that certain chemicals such as pesticides, fungicides and lead, as well paints, and heavy metals can increase the chances of birth defects. Birth defect lawyers have filed lawsuits against companies that exposed workers to harmful chemicals, and against pharmaceutical companies that have produced drugs that can cause birth defects in fetuses like DES.

If you suspect that medical error caused the birth defect attorney injury of your child or birth defect, it is recommended to consult a lawyer for birth defects immediately. In some states, there's only one year to file a medical negligence suit, and waiting any longer than that may mean losing your chance of getting the justice you deserve for your child's injury.

Statute of Limitations

A statute of limitations is a law that determines the time limit for a person to file a civil suit. A person who misses a deadline will lose the right to pursue a defendant for damages. Birth injury cases can have more complicated statutes of limitations than other types of medical malpractice claims.

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

In a case of medical malpractice the injured party must prove that the doctor at fault was not adhering to the standards of care and consideration that any other medical professional would have followed in similar circumstances. This includes failing to diagnose a serious illness, such as low oxygen levels during childbirth which can result in cerebral palsy and brain damage.

Contacting a qualified attorney is the first step towards filing an action for birth defects. A majority of attorneys offer free consultations and reviews of cases to potential clients. If the attorney is convinced that a client has a valid case, they will review medical records and employ experts to review their credibility. They can also assist in the preparation of documents and file the medical malpractice lawsuit on time.

Expert Witnesses

In a case involving a birth injury it is crucial to have experts who can explain medical practices and procedures to a jury. Expert witnesses can be difficult as they must carefully examine an extensive amount of information to make decisions that are based on evidence rather than opinion. They must also be willing to testify on evidence that may conflict with their opinion.

In the Daubert case the plaintiffs' experts claimed that Bendectin was the cause of their child's birth defects. The judge found that the evidence was on the "cutting edge of scientific research, where evidence is matched by theory, and certainty turns into probabilities." However the judge did not consider there was enough evidence to support the claim that Bendectin doubled a baby's chance of developing birth defects.

The Daubert ruling was a setback for the plaintiffs, who had filed a lawsuit against pharmaceutical companies to try and obtain justice. But there are many avenues for an injured person can pursue a lawsuit for birth defects.

A Philadelphia birth defect lawyer can assist those suffering from birth defects to determine whether they are a victim. Lawyers can assist plaintiffs determine if they are eligible to file a lawsuit on their own or a class action. In certain instances lawyers can make a birth injury claim as part of multidistrict litigation (MDL). Please fill out the form below for a confidential and free consultation with an attorney.

Representation

Although modern technology and recent advances in medicine have drastically reduced the chance of complications during pregnancy and childbirth, they are not entirely eliminated. When a birth defect or injury occurs, and the cause was preventable parents may pursue legal action to recover the costs related to treatment.

Medical negligence claims often result from a doctor's inability to diagnose or treat a condition. Physicians may not perform an ultrasound or make a mistake in surgery, leading to birth defects such as spina bifida. Birth defects can be caused by a wrong medication that is taken by the mother or exposure to chemicals and other environmental dangers during the child's development during the womb.

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

Contact an attorney for birth defects today if you suspect that your child's birth injury or defect was the result of medical negligence or Birth Defects mistakes during labor or pregnancy. A lawyer can help understand your options and make a claim prior to the statute of limitations runs out. A lawyer might also be competent to negotiate an agreement on behalf of you with the parties responsible for the injury to your child.