The Myths And Facts Behind Birth Defect Claim

How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have drastically reduced the risks associated with the birth of a child. Birth defects or injuries continue to occur 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 in question violated the standard care prior to or during pregnancy or delivery.

Damages

Pregnancy is among the most exciting and stressful times in a parent's life. Parents want their babies perfect and doctors do everything to avoid birth defects. However, carelessness and negligence on the part of medical professionals can increase the chance of birth defects and injuries. A family that is shocked by this circumstance should think about seeking legal action for a birth defect.

A successful birth defect lawsuit can 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 costs, as well as loss of earning capacity. The amount of damages the victim will be awarded is contingent on the degree of the child's health and how it has affected their standard of living.

Environmental exposures can result in birth injuries and birth defects. Research has shown that certain chemicals such as pesticides, fungicides, lead, paints and birth defect lawsuits heavy metals may increase the likelihood of birth defects. Birth defect lawyers have filed lawsuits against companies that exposed employees to harmful chemicals and pharmaceutical companies that make drugs such as DES that may cause birth defect attorneys defects in fetuses.

If you believe that 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 certain states, you only have one year to file a lawsuit claiming medical malpractice. If you put off filing a lawsuit for a longer period and you don't, your child won't get the justice they deserve.

Statute of limitations

A statute of limitations is a law that determines the time frame for which a person has to file a civil claim. Anyone who fails to meet a deadline loses the right to pursue a defendant for damages. Birth injury claims may have a more complicated time limit than other medical malpractice claims.

A lawsuit is typically brought against the doctor or hospital who caused injury to a patient during labor and delivery. These cases are usually referred to as birthing injury lawsuits or wrongful birth suits although Florida's laws allow parents to bring a medical malpractice lawsuit to bring a child's death.

In a medical malpractice lawsuit the plaintiff must prove that the doctor at fault was not adhering to the standard of care and consideration any other medical professional would have applied in similar circumstances. This includes failing to recognize serious conditions like low oxygen levels in childbirth which can result in cerebral palsy and brain damage.

The first step in filing a birth defect lawsuit is to reach an experienced attorney. A majority of attorneys offer free consultations and reviews of cases to potential clients. If an attorney believes the claim of a client is valid they will go over the medical documents of the client and then hire experts to review the claims. They will also help prepare documents and file the medical malpractice lawsuit on time.

Expert Witnesses

In a case with birth injuries, it is essential to be able to have medical experts provide a jury with the medical procedures and practices. Expert witnesses can be difficult to work with since they have to carefully review huge quantities of information and make decisions based on the facts rather than opinions. In addition, they must be able to testify regarding facts that might conflict with their beliefs.

In the Daubert case, the plaintiffs' experts argued that Bendectin had caused birth defects for their child. The judge ruled that the evidence was "at the forefront of research in science where fact meets theories, and certainty dissolves into probabilities." However the judge was not convinced there was enough evidence to conclude that Bendectin caused birth defects.

The Daubert decision was an affront to plaintiffs who had filed a lawsuit against pharmaceutical companies an effort to obtain justice. Nonetheless, there are still many ways that the injured party could pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer can provide victims with advice on whether they're eligible for a claim. A lawyer can determine whether an individual plaintiff is eligible to file a lawsuit individually or as part of a class action. In some cases lawyers can bring a birth injury lawsuit as part of multidistrict lawsuit (MDL). To start by filling out the form on this page to request a an initial consultation for free and confidential with a professional attorney.

Representation

Modern technology and recent advances in medicine may have decreased the chance of complications occurring during childbirth and pregnancy, but they are not completely eliminated. Parents can pursue legal action if they suffer a birth defect or birth injury occurs, and the reason could have been avoided.

Medical negligence claims typically stem from a doctor's failure to properly diagnose or treat a condition. A doctor may fail to conduct an ultrasound or make a mistake in surgery, leading to birth defects such as spina bifida. Other causes that can lead to birth defect lawsuits include an ineffective medication for the mother or exposure to chemicals or other environmental hazards as the baby develops in the womb.

A birth defect may affect any part of the newborn's body that can affect their health, appearance and functionality. In some cases, a birth defect can severely reduce a baby's life expectancy, or Birth Defect Lawsuits cause an enormous amount of medical expenses.

Contact a birth defect lawyer immediately if you believe the birth defect or birth injury was the result of medical negligence or carelessness during labor or birth. A lawyer can assist you to identify your options and submit a claim before the statute of limitations expires. A lawyer can also negotiate an agreement with the responsible parties for the injury suffered by your infant.