See What Birth Defect Claim Tricks The Celebs Are Utilizing

How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have significantly reduced the risks associated with childbirth. But, a birth defect or injury still happens frequently.

A birth defect lawsuit seeks reimbursement for your child's medical expenses as well as educational costs and other expenses. You must prove that the medical professional who was involved breached the standard of care during or before the birth or during pregnancy.

Damages

Pregnancy can be one of the most exciting, yet nerve-wracking experiences in a parent's lifetime. Parents want their babies to be perfect, and doctors work to do everything possible to prevent birth defects from occurring. Unfortunately, negligence and carelessness on the part of medical professionals can increase the risk of birth injuries and birth defects. If this happens the family of the victim might want to pursue justice via a birth defect lawsuit.

A successful birth defect lawsuit could result in damages for a multitude of different things. This can include the suffering and Birth Defect suffering, loss of consortium, medical expenses and lost earning capacity. The amount of compensation a victim will receive depends on the severity of the child's medical condition and how it has affected their quality of living.

Birth injuries and birth defects can be caused by a variety of causes that include environmental exposures. Research has shown that certain chemicals like pesticides, fungicides and lead, as well paints and heavy metals may increase the risk of birth defects. Birth defect lawyers have brought suits against companies that exposed workers to these harmful chemicals, and also against pharmaceutical companies who have manufactured drugs that could cause birth defects in fetuses, such as DES.

If you believe that your child's birth defect, or birth injury was the result of medical malpractice, it is important to speak with a skilled birth defect lawyer as soon as possible. In certain states, you have only one year to file a medical malpractice suit, and waiting any longer than that can mean losing the chance to receive the justice you are due for the injury your child sustained.

Statute of Limitations

A statute of limitation is a law which establishes the time limit for a person to file an action in civil court. Anyone who fails to meet an expiration date will lose the right to pursue a defendant for damages. Birth injury claims be more complex in terms of the time limit than other medical malpractice claims.

A lawsuit is typically brought against the hospital or doctor that caused an injury to an individual during labor and birth. These cases are commonly known as birthing injury lawsuits or wrongful birth suits, however, Florida's laws permit parents to bring a medical malpractice lawsuit in the event of a baby's death.

To prove medical malpractice, the victim will need to show that the doctor responsible did not adhere to the standards of care and consideration required by a different health medical professional in similar circumstances. This includes not being able to identify an illness that is serious, such as low oxygen levels during childbirth that result in cerebral palsy or brain damage.

The first step in filing a birth defect lawsuit is to get in touch with an experienced attorney. A majority of attorneys offer free consultations and case review to prospective clients. If an attorney believes the client's claim is legitimate they will examine the medical records of the client and then hire experts to analyze the records. They can also assist in the preparation of documents and filing the medical malpractice lawsuit in time.

Expert Witnesses

In a case with birth injuries, it's essential to be able to have medical experts explain to jurors the medical procedures and practices. Expert witnesses can be difficult as they have to carefully review a large amount of information to be able to make decisions in accordance with facts rather than opinions. They must also be willing to testify on evidence which may contradict their position.

In the Daubert case, the plaintiffs' experts claimed that Bendectin had caused their child's birth defects. The judge concluded that the evidence was at the "cutting edge of research in science, where fact meets theory and the certainty transforms into probabilities." However the judge did believe there was sufficient evidence that Bendectin doubled the chances of developing birth defects.

The Daubert ruling was a setback to the plaintiffs, who had filed a lawsuit against pharmaceutical companies in order to get justice. Nonetheless, there are still numerous avenues that an injured party may pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer can advise victims on whether they have a claim. A lawyer can decide if the plaintiff is eligible to file a lawsuit on their own or as part of an action class. In some instances, an attorney can start a lawsuit for birth injuries as part of a multidistrict litigation. Fill out the form to get a confidential and free consultation with an attorney.

Representation

Although the advancements in technology and developments in the field of medicine have greatly reduced the risk of complications during pregnancy and childbirth However, they aren't eliminated. When a birth defect or injury occurs and the cause was preventable parents can pursue legal action to pay for the costs related to treatment.

Medical negligence cases typically result from a doctor's inability to identify or treat a condition. For instance, a physician may fail to conduct an ultrasound exam or make an error during surgery, which could result in a birth defect such as spina bifida. Other causes that can lead to a birth defect lawsuit include insufficient medication for the mother or exposure to chemicals or other environmental hazards as the baby is growing in the womb.

A birth defect can affect any part of a newborn's body. It can impact their health, function and appearance. In certain instances, a birth defect can drastically reduce a baby's life expectancy, or cause a significant amount of medical expenses.

If you think the birth defect or injury was the result of medical malpractice or negligent care during labor or birth get in touch with a reputable birth defect lawyer today. A lawyer can assist you to determine your options and make a claim before the statute of limitations expires. A lawyer can also negotiate a settlement with the responsible parties for the injuries suffered by your child.