10 Birth Defect Claim Tricks All Experts Recommend

How to File a Birth Defect Lawsuit

Modern medical and technological advances have significantly decreased the risks of childbirth. Birth defects or injuries still occur often.

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

Damages

Pregnancy is among the most exciting and stressful moments in the life of a mother. Parents want their children to be perfect and doctors do everything possible to prevent birth defects. Medical negligence and inattention can increase the risk for birth defects and injuries. Families who are shocked by this news should think about the possibility of suing over a birth defect.

A successful birth defect lawsuit could result in damages for a multitude of different things. This includes suffering for the victim, loss of consortium and medical expenses, as well as loss of earning capacity. The amount of damages that an individual victim will be awarded depends on the severity of the child's illness and how it has affected their standard of living.

Birth injuries and birth defects can be caused by a number of causes that include exposure to environmental factors. Studies have proven that certain chemicals such as pesticides, fungicides, 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 made drugs that can cause birth defects in fetuses, such as DES.

If you suspect that medical negligence caused the birth injury or birth defect, you must seek out a birth defect lawyer immediately. In some states, there's only one year to file a medical malpractice lawsuit, and waiting more than that can mean losing your chance to get the justice you deserve for your child's injury.

Statute of Limitations

A statute of limitation is a law that establishes the time limit for someone to file an action in civil court. If a claimant fails to file by the deadline, they lose their right to recover damages from the defendant. Birth injury claims have a more complicated statute of limitations than other medical malpractice claims.

A lawsuit is typically brought against the doctor or hospital that caused an injury to the patient during labor and delivery. These cases can be known as birthing injuries suits or wrongful birth lawsuits, however Florida's laws allow parents to file a malpractice suit in the event of the death of a baby.

In a medical malpractice lawsuit the plaintiff must prove that the doctor at fault failed to adhere to the standard of care and consideration another health care provider would have utilized in similar circumstances. This includes failing in diagnosing a serious condition such as low levels of oxygen in the childbirth process that can cause brain damage and cerebral palsy.

The first step to file a birth defect lawsuit is to contact an experienced attorney. A majority of attorneys offer free consultations and case reviews to potential clients. If the lawyer believes that a client has a valid claim they will examine medical records and employ expert witnesses to assess them. They will also assist in preparing documents and file the medical malpractice lawsuit within the timeframe.

Expert Witnesses

In a case which involves birth injuries, it is essential to have medical experts who are able to explain to a jury the medical procedures and practices. Expert witnesses aren't easy to work with because they must be able to scrutinize massive quantities of information and be able to make decisions based on evidence rather than opinions. They also have to be willing to testify on evidence that might contradict their opinions.

In the Daubert case, the plaintiffs' experts suggested that Bendectin had caused birth defects in their child. The judge ruled that the evidence was "at the forefront of scientific research, where science meets theories and certainty transforms into probabilities." However he was not convinced there was enough proof that Bendectin caused birth defects.

The Daubert ruling was a setback to the plaintiffs who had sued pharmaceutical companies in order to achieve justice. There are numerous avenues for a victim to seek a legal action over the birth defect.

A Philadelphia birth defect lawyer can assist victims on whether they have claims. A lawyer can help clients determine if they're qualified to file an individual lawsuit or a class action. In some instances an attorney may be able to bring a lawsuit on behalf of a birth injuries as part of a multidistrict litigation. To start by filling out the form on this page for an initial consultation for free and confidential with a reputable attorney.

Representation

While modern technology and recent advances in medicine have greatly reduced the risk of complications during childbirth and pregnancy but they aren't completely eliminated. If a birth defect or injury occurs, and the cause could have been avoided, parents can seek legal action to cover costs related to treatment.

Medical negligence claims are typically caused by a doctor's inability to diagnose or treat a condition. For example, Birth defect Lawsuits a physician might fail to conduct an ultrasound exam or make mistakes during surgery, which could result in a birth defect similar to spina bifida. Other common causes of birth defect lawsuits include improper medication for the mother or exposure to chemicals or other environmental hazards as the baby develops in the womb.

A birth defect can affect any part of the body of a newborn, affecting their appearance, health and function. In some cases, a birth defect can dramatically reduce a child's life expectancy or lead to a significant amount of medical costs.

Contact a birth defect lawyer today if you believe that the birth defect or injury was caused by medical negligence or negligence during labor or pregnancy. A lawyer can help explain your options and help you submit a claim prior to the statute of limitation expiring. A lawyer can also negotiate an agreement with the responsible parties for the injury suffered by your child.