The Often Unknown Benefits Of Birth Defect Claim

How to File a Birth Defect Lawsuit

Modern medical and technological advances have significantly reduced the risk of childbirth. However, birth defects or injury still occurs frequently.

A birth defect lawsuit seeks to pay your child's medical expenses, educational costs as well as other losses. You must prove that the medical professional who was involved did not follow the standard of care prior to or during the birth or during pregnancy.

Damages

Pregnancy is among the most exciting and stressful experiences a parent can experience. Parents want their children to be perfect, and doctors work to do everything possible to stop birth defects from occurring. However, carelessness and negligence on the part of medical practitioners can increase the risk of birth injuries and birth defects. When this occurs an astonished family ought to consider pursuing justice through a birth defect lawsuit.

A successful birth defect lawsuit may result in damages for a range of different things. This can include pain and suffering for the victim as well as loss of consortium and medical costs, as well as lost earning capacity. The amount of damages a victim receives will depend on the severity of their child's illness and the extent to which it has affected with their quality of life.

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

If you suspect that medical malpractice caused the birth injury or birth defect, you should consult a lawyer for birth defects immediately. In certain states, you only have one year to file a suit for medical malpractice. If you wait longer this could mean that your child will never receive the justice they deserve.

Statute of Limitations

A statute of limitations is a law which establishes the deadline for someone to file a civil lawsuit. A person who misses a deadline loses the right to claim damages against a defendant. Birth injury claims may have a more complicated statute of limitations than other medical malpractice claims.

A lawsuit is typically filed against the doctor or hospital that caused an injury to the patient during labor and birth. These cases are sometimes referred to as birthing injury suits or wrongful birth lawsuits, however Florida's laws permit parents to file a malpractice lawsuit in the event of the death of a child.

In a medical malpractice case the plaintiff must prove the at-fault doctor did not follow the standard of care and consideration that another medical professional would have utilized in similar circumstances. This includes failing to diagnose a serious illness such as low oxygen levels during childbirth that can cause cerebral palsy and brain damage.

A qualified attorney should be the first step to filing a lawsuit against birth defects. Most attorneys offer free consultations and case reviews to prospective clients. If an attorney believes that the claim of a client is legitimate they will look over the medical records of the client and then hire experts to assess the evidence. They will also assist in preparing documents and file the medical malpractice lawsuit in time.

Expert Witnesses

In a case involving birth injuries it is essential to have experts who can explain medical practices and procedures before a jury. Expert witnesses can be difficult to work with as they must carefully examine massive amounts of information and be able to make decisions based on evidence rather than their opinions. They should also be prepared to testify on facts that might contradict their opinions.

In the Daubert case, the plaintiffs' experts argued that Bendectin contributed to their child's birth defects. The judge ruled that the evidence was on the "cutting edge of research in science, where fact meets theory and certainty dissolves into probability." However, the judge did not consider there was enough evidence to support the claim that Bendectin doubled the chances of developing birth defects.

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

A Philadelphia birth defect attorney can assist those suffering from birth defects to determine whether they are a victim. Lawyers can assist plaintiffs determine if they are qualified to file a personal lawsuit or a class action. In certain cases a lawyer may start a lawsuit for birth injuries as part of multidistrict lawsuit (MDL). To begin complete the form on this page to request a an initial consultation for free and confidential with a reputable lawyer.

Representation

While modern technology and recent advances in medicine have greatly reduced the risk of complications during pregnancy and childbirth However, they aren't eliminated. Parents may pursue legal action if they suffer a birth injury or defect occurs, and the cause could have been avoided.

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

A birth defect can affect any part of the body of a baby and Birth defects impact their health, function and appearance. In some instances birth defects can dramatically reduce a child's life expectancy or result in a significant amount of medical expenses.

Contact an attorney for birth defects now if you believe your child's birth defect or birth injury was caused by medical negligence or mistakes during labor Birth defects or pregnancy. A lawyer can assist you determine your options and make a claim prior to the time limit expires. A lawyer can also negotiate a settlement with the parties responsible for the harm to your infant.