Five Birth Defect Claim Lessons From The Professionals

How to File a Birth Defect Lawsuit

Modern medical technology and medicine have drastically reduced the risks of childbirth. Birth defects or injuries occur frequently.

A birth defect lawsuit seeks reimbursement for medical expenses of your child education costs, as well as other losses. You must prove that the medical professional who was involved has violated the standard medical treatment during or prior to the birth or during pregnancy.

Damages

Pregnancy can be one of the most exciting but nerve-wracking moments in a parent's lifetime. Parents want their babies perfect, and doctors do everything to avoid birth defects. Inattention to medical issues and negligence can increase the risk for birth defects and injuries. When this happens, a stunned family might want to pursue justice via a birth defect lawsuit.

A successful birth defect lawsuit could result in damages for a number of different things. This includes pain and suffering for the victim as well as loss of consortium and medical expenses, in addition to lost earning capacity. The amount of damages the victim will receive is contingent on the severity of the child's illness, and how much it has affected their standard of life.

Birth defects and birth injuries can be caused by a variety of factors which include exposure to environmental factors. Studies have revealed that pesticides, including lead and fungicides as well as heavy metals, paints, and heavy metals, could increase the risk of birth defects. Birth defect lawyers have filed lawsuits against companies that have exposed workers to these harmful chemicals, birth defect lawyer and against pharmaceutical companies that have developed drugs that can cause birth defects in fetuses, like DES.

If you think 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 some states, you are given one year to file a lawsuit for medical malpractice. If you wait longer and you don't, your child will not receive the justice they deserve.

Statute of Limitations

A statute of limitations is a law that defines the deadline for an individual to file an action in civil court. If a claimant fails to file by the deadline, they will lose the right to collect damages from a defendant. Birth injury claims can have a more complicated statute of limitations than other medical malpractice claims.

A lawsuit is usually brought against the hospital or doctor that caused an injury to a patient during labor and delivery. These cases are usually called birthing injury lawsuits or wrongful birth suits, although Florida's laws allow parents to pursue a medical malpractice suit for the death of an infant.

In order to prove medical malpractice, the victim must prove that the doctor at fault was not able to meet the standards of care and consideration required by a different health healthcare provider in similar situations. This includes failing to recognize an illness of serious severity, such as low levels of oxygen during childbirth that cause brain damage and cerebral palsy.

Finding a reputable attorney is the first step to filing a lawsuit against birth defects. Most attorneys offer free consultations and [empty] case reviews to potential clients. If an attorney believes the claim of a client is valid they will look over the medical records of the client, and they will hire experts to analyze the claims. They can also assist in the preparation of documents and file the medical malpractice lawsuit in time.

Expert Witnesses

In a birth injury case, it is important to have experts who can explain medical practices and procedures before a jury. However, expert witnesses aren't easy to work with because they must scrutinize huge amounts of evidence and be able to make decisions based on the facts rather than opinions. They should also be prepared to testify on facts which may contradict their opinion.

In the Daubert Case, the plaintiffs' expert argued that Bendectin is the reason for the birth defect of their child. The judge ruled that the evidence was "at the cutting-edge of scientific research, where science meets theories and the certainty is transformed into probabilities." However the judge did not believe there was sufficient evidence to prove that Bendectin caused birth defects.

The Daubert decision was an affront to plaintiffs who had filed lawsuits against pharmaceutical companies in an effort to obtain justice. There are many avenues for a person who has suffered injury to seek a legal action over the birth defect.

A Philadelphia birth defect attorney will assist the victims to determine whether they have a case. A lawyer can decide if the plaintiff is eligible to file a lawsuit individually or as part of an action class. In some instances, an attorney can start a lawsuit for birth injuries as part of a multidistrict lawsuit. To start, fill out the form below for a the opportunity to have a no-cost and confidential consultation with a qualified lawyer.

Representation

Modern technology and recent advancements in the medical field may have reduced the risk of complications occurring during pregnancy and childbirth, however they're not entirely eliminated. Parents can pursue legal action if a birth defect or birth injury occurs, and the reason could have been avoided.

Medical negligence claims usually result from a doctor's inability to properly diagnose or treat a condition. For instance, a physician could neglect to perform an ultrasound exam or make an error during surgery, resulting in a birth defect, such as spina bifida. Other causes for birth defect lawsuits include an ineffective medication for the mother or exposure to chemicals or other environmental dangers while the baby develops in the womb.

A birth defect may affect any part of the newborn's body which can affect their appearance, health, and functionality. In some instances the birth defect can dramatically reduce a child's life expectancy, or cause a significant amount of medical expenses.

Contact a birth defect lawyer today if you believe that your child's birth defect or birth injury was the result of medical negligence or carelessness during labor or birth. A lawyer can assist you in understanding your options and help make a claim before the deadline for filing. A lawyer may also be competent to negotiate the settlement on behalf of you with the parties responsible for your child's injuries.