What Is Birth Defect Claim And Why Is Everyone Talking About It

How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have drastically reduced the risks associated with birth. Birth defects or injuries still occur frequently.

A birth defect lawsuit seeks compensation for medical expenses of your child as well as educational costs and other expenses. To be able to pursue a claim, you need to prove that a medical professional violated the standard of medical care prior to or during pregnancy, or delivery.

Damages

Pregnancy can be one of the most exciting yet nerve-wracking events in a parent's lifetime. Parents want their children to be perfect, and doctors strive to do everything possible to prevent birth defects from happening. Medical negligence and inattention can increase the risk of birth defects and injuries. In the event of this happening, a stunned family might want to pursue justice via a birth defect lawsuit.

A successful birth defect lawsuit may result in damages for a number of different things. This can include the pain and suffering as well as loss of consortium, medical expenses, birth defect lawyers and loss of earning capacity. The amount of damages an individual victim will be awarded depends on the severity of the child's condition and how much it has affected their standard of living.

Birth injuries and birth defects can be caused by a number of factors 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 these harmful chemicals, and also against pharmaceutical companies that have produced medications that can cause birth defects in fetuses, like DES.

If you suspect that your child's birth defect or birth injury is the result of medical malpractice, it is important to consult a skilled birth defect lawyer as soon as you can. In certain states, you are given one year to file a suit for medical malpractice. If you wait longer, it could mean that your child will never receive the justice they deserve.

Statute of Limitations

A statute of limitations is a law that establishes the time frame for which a person has to file a civil suit. Anyone who fails to meet a deadline loses the right to seek damages from a defendant. Birth injury cases could have more complex statutes of limitations than other kinds of medical malpractice claims.

A lawsuit is usually brought against the doctor or hospital who caused injury to the patient during labor and birth. These cases can be called birthing injury lawsuits or wrongful birth lawsuits, however, Florida's laws allow parents to file a malpractice lawsuit for the death of a baby.

To prove medical malpractice, the party who suffered must prove that the doctor who was at fault didn't adhere to the standard of care or 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 levels of oxygen during childbirth that result in brain damage and cerebral palsy.

The first step in filing a birth defect lawsuit is to speak with a skilled attorney. Many attorneys provide free consultations and case review to potential clients. If an attorney believes that a client's claim is valid they will examine the medical records of the client and employ experts to review the evidence. They can also assist in the preparation of documents and filing the medical malpractice lawsuit within time.

Expert Witnesses

In a case involving a birth injury, it is important to have experts who can explain medical procedures and practices before a jury. However, expert witnesses can be difficult to work with as they must be able to scrutinize massive quantities of information and make decisions based on evidence rather than their opinions. They must also be willing to testify on facts that could contradict their beliefs.

In the Daubert Case the plaintiffs' expert argued that Bendectin was responsible for the birth defect of their child. The judge found that the evidence was on the "cutting edge of scientific research, where fact is matched by theory, and certainty turns into probabilities." However, the judge did not consider there was enough proof that Bendectin increased the chance of developing birth defects.

The Daubert ruling was a setback to the plaintiffs, who had sued pharmaceutical companies in order to get justice. There are many avenues for an injured person could pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer can assist victims in determining whether they're eligible for a claim. A lawyer can help plaintiffs determine whether they are eligible to file a lawsuit as an individual or a class action. In some cases an attorney may be able to make a claim for birth injury as part an interdistrict litigation. To get started complete the form on this page for a free and confidential consultation with a licensed lawyer.

Representation

Although the advancements in technology and developments in the field of medicine have greatly reduced the risk of complications during childbirth and pregnancy, they are not entirely eliminated. When a birth defect or injury occurs and the cause could have been avoided, parents may seek legal action to pay for the costs related to treatment.

Medical negligence claims are typically due to a doctor's failure to diagnose or treat an illness. A doctor might fail to conduct an ultrasound or make a mistake in surgery, resulting in birth defects such as spina bifida. Birth defects can be caused by the wrong medication taken by the mother or exposure to chemicals or other environmental hazards during the baby's development in the womb.

A birth defect may affect any part of the newborn's body which can affect their appearance, health and performance. In some instances the birth defect could drastically reduce a baby's life expectancy or result in a significant amount of medical costs.

If you believe your child's birth defect or injury was caused by negligence or medical malpractice during pregnancy or labor consult a certified birth defect lawyer today. A lawyer can help discover your options and submit a claim before the statute of limitations runs out. A lawyer can also negotiate a settlement with the responsible parties for the injuries suffered by your child.