Five Birth Defect Claim Lessons Learned From Professionals

How to File a Birth Defect Lawsuit

Modern medicine and technology have greatly reduced the risks of childbirth. Birth defects or injuries still occur frequently.

A birth defect lawsuit seeks to compensate your child for medical expenses, education costs as well as other losses. You must prove that the medical professional involved breached the standard of care during or before the pregnancy or birth.

Damages

Pregnancy can be one of the most exciting, yet nerve-wracking times in a parent's lifetime. Parents want their babies to be perfect, and doctors work to do all they can to prevent birth defects from happening. Inattention to medical issues and negligence can increase the risk for birth defects and injuries. In the event of this happening, a stunned family may want to seek justice through a birth defect lawsuit.

A successful birth defect lawsuits defect lawsuit could result in damages for many different things. This includes pain and suffering for the victim as well as loss of consortium, medical expenses, in addition to lost earning capacity. The amount of compensation the victim will be awarded is contingent on the severity of the child's condition and how it has affected their quality of living.

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

If you believe that your child's birth defect or birth injury was caused by medical malpractice, you should consult a skilled birth defect lawyer as soon as you can. In some states, there's only one year to file a medical negligence lawsuit, and waiting more than that can 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 frame for which a person has to file a civil lawsuit. If someone misses the deadline, they will lose their right to recover damages from a defendant. Birth injury cases 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 the patient during labor and delivery. These cases are often called birthing injuries lawsuits or wrongful birth suits, however, Florida's laws permit parents to file a medical malpractice suit to bring a child's death.

In order to prove medical malpractice, birth defect lawyer the injured party must prove that the doctor at fault didn't adhere to the standard of care and consideration expected by another health care provider in similar circumstances. This includes failing diagnose a serious illness, such as low oxygen levels during childbirth which can lead to cerebral palsy and brain damage.

The first step to file a birth defect lawsuit is to speak with an experienced attorney. Most attorneys offer free consultations and case reviews for potential clients. If the attorney is convinced that a client has a valid claim they will examine medical records and employ experts to evaluate the case. They will also help prepare documents and file the medical malpractice lawsuit in time.

Expert Witnesses

In a case involving birth injuries it is crucial to have experts who can explain medical practices and procedures before a jury. Expert witnesses can be difficult to testify because they must carefully examine a vast amount of data to be able make decisions based on facts, not opinions. Furthermore, they should be willing to testify on things that may contradict their opinions.

In the Daubert Case the plaintiffs' expert believed that Bendectin is the reason for their child's birth defect. The judge concluded that the evidence was at the "cutting edge of research in science, where reality meets theory, and certainty transforms into probabilities." However, the judge did not believe there was sufficient evidence that Bendectin increased the chance of developing birth defects.

The Daubert ruling was a setback for plaintiffs, who had sued pharmaceutical companies to obtain justice. There are a variety of avenues for a person who has suffered injury to seek a legal action over the birth defect.

A Philadelphia birth defect lawyer can assist victims on whether they have an opportunity to file a claim. A lawyer can assist plaintiffs determine whether they are qualified to file an individual lawsuit or a class action. In some cases lawyers can bring a birth injury lawsuit as part of multidistrict lawsuit (MDL). Please fill out the form below to receive a private and free consultation with an attorney.

Representation

Modern technology and recent advancements in the medical field may have decreased the risk of complications that can occur during pregnancy and childbirth but they are not completely eliminated. If a birth defect injury occurs, and the cause could have been avoided, parents can pursue legal action to recover the costs associated with treatment.

Medical negligence claims usually result from a doctor's inability to recognize or treat a condition. A physician may not perform an ultrasound or make a mistake during surgery, resulting in birth defects, such as spina bifida. Birth defects can be caused by a wrong medication taken by the mother or exposure to chemicals and other environmental dangers during the development of the baby in the womb.

A birth defect can affect any part of a newborn's body, and impact their health, function and appearance. In some instances birth defects can severely reduce a baby's life expectancy or result in an enormous amount of medical costs.

Contact a birth defect lawyer today if you believe that the birth defect or injury was the result of medical negligence or malpractice during pregnancy or labor. A lawyer can help explain your options and assist you to submit a claim prior to the statute of limitation expiring. A lawyer might also be capable of negotiating a settlement on behalf of you with the parties responsible for your child's injuries.