5 Birth Defect Claim Projects For Any Budget

How to File a Birth Defect Lawsuit

Modern medical and technological advances have significantly reduced the risk of childbirth. Birth defects or injuries continue to occur frequently.

A birth defect lawsuit seeks to pay your child's medical expenses, education costs as well as other losses. To be able to file claims, you must prove that medical professionals breached the standard of care prior to or during pregnancy, or the birth of your child.

Damages

Pregnancy is one of the most exciting and nerve-wracking experiences a parent can experience. Parents want their babies to be perfect, and doctors try to do everything possible to prevent birth defects from happening. Unfortunately, negligence and carelessness on the part of medical practitioners can increase the risk of birth defects and injuries. A family who is shocked by this incident should think about taking legal action to remedy a birth defect.

A successful birth defect lawsuit may result in damages for a variety of different things. This can include pain and suffering for the victim along with loss of consortium and medical expenses, not to mention loss of earning capacity. The amount of damages a victim will receive will depend on the severity of their child's condition and the extent to which it has interfered with their daily life.

Environmental exposures can lead to birth defects and birth injuries. Studies have revealed that pesticides like lead and fungicides as well as heavy metals, paints, and heavy metals, could increase the risk of birth defects. Birth defect lawyers have brought suits against companies that exposed workers to these hazardous chemicals, as well as against pharmaceutical companies that have developed drugs that can cause birth defects in fetuses such as DES.

If you think your child's birth defect, or birth injury is the result of medical malpractice, it is important to speak with a skilled birth defect lawyer as quickly as possible. In some states, there's only one year to file a medical negligence suit, and if you wait longer than that could result in losing your chance of getting the justice you deserve for your child's injury.

Statute of Limitations

A statute of limitations is a law which defines the deadline for when a person is allowed to file a civil suit. Anyone who fails to meet a deadline will lose the right to pursue a defendant for damages. Birth injury cases could have more complicated statutes of limitations than other types of medical malpractice cases.

A lawsuit is usually filed against the hospital or doctor that caused injuries to a patient during labor and delivery. These cases are usually referred to as birthing injury lawsuits or wrongful birth suits, however, Florida's laws permit parents to make a claim for medical malpractice to bring a child's death.

In order to prove medical negligence, the person who was injured will need to show that the doctor responsible did not follow the standards of care and consideration expected by another health medical professional in similar circumstances. This includes failing in diagnosing a serious illness for example, low levels of oxygen in the childbirth process which can cause cerebral palsy or brain damage.

The first step to file a birth defect lawsuit is to reach an experienced attorney. Many attorneys provide free consultations to prospective clients. If the lawyer believes that a client has a valid case, they will examine medical records and engage expert witnesses to assess their credibility. They can also assist in the preparation of documents and file the medical malpractice lawsuit in time.

Expert Witnesses

In a case involving birth injuries, it is important to have experts who can explain medical practices and procedures to jurors. Expert witnesses aren't easy to work with since they must scrutinize huge amounts of evidence and be able to make decisions based upon facts rather than their opinions. They should also be able to provide evidence on matters that could contradict their opinion.

In the Daubert Case, the plaintiffs' expert claimed that Bendectin was the cause of their child's birth defect. The judge concluded that the evidence was "at the forefront of scientific research, where evidence meets theories and certainty dissolves into probabilities." However the judge did not believe there was enough evidence to conclude that Bendectin caused birth defects.

The Daubert decision was a blow to plaintiffs who had filed a lawsuit against pharmaceutical companies an attempt to get justice. There are many ways an injured person can file a lawsuit for a birth defect.

A Philadelphia birth defect lawyer can help victims on whether they have an opportunity to file a claim. A lawyer can assist plaintiffs determine if they are qualified to file an individual lawsuit or birth defect lawyer a class action. In some cases a lawyer may file a birth injury lawsuit as part of a multidistrict litigation (MDL). To get started, fill out the form here for the opportunity to have a no-cost and confidential consultation with a professional attorney.

Representation

Although the advancements in technology and developments in the field of medicine have significantly reduced the risk of complications during pregnancy and childbirth, they are not entirely eliminated. If 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 typically stem from a doctor's failure to recognize or treat a problem. Physicians may not perform an ultrasound or make a mistake during surgery, leading to birth defects such as spina bifida. Birth defects can be caused by improper medication that is taken by the mother, or exposure to chemicals or other environmental dangers during the development of the baby during 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 significantly diminish a baby's life expectancy or lead to a significant amount of medical expenses.

Contact a birth defect lawyer now if you believe your child's birth defect or injury was caused by medical negligence or negligence during labor or pregnancy. A lawyer can assist you to discover your options and file a claim before the deadline for filing a claim expires. A lawyer can also negotiate a settlement with the responsible parties for the injury suffered by your infant.