What Are The Myths And Facts Behind Birth Defect Claim

How to File a Birth Defect Lawsuit

Modern medicine and technology have greatly reduced the risks of childbirth. But, a birth defect or injury can still happen frequently.

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

Damages

Pregnancy can be one of the most exciting yet nerve-wracking experiences in the life of a parent. Parents want their babies to be perfect and doctors do their best to avoid birth defects. Medical negligence and inattention can increase the risk for birth defects and injuries. Families who are shocked by this situation should consider taking legal action to remedy a birth defect.

A successful birth defect lawsuit may result in damages for a multitude of different things. These include the victim's pain and suffering and loss of consortium, medical expenses and lost earning capacity. The amount of damages a victim receives will depend on the severity of their child's medical condition and the extent that it has affected in their quality of life.

Birth defects and birth injuries 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 risk of birth defects. Birth defect lawyers have brought lawsuits against companies that have exposed workers to harmful chemicals, and against pharmaceutical companies that have made drugs that could 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 seek out a skilled birth defect attorneys defect lawyer as soon as you can. In certain states, there is only one year to file a medical malpractice suit, and waiting any longer than that could mean losing your chance of getting the justice you have earned for your child's injury.

Statute of Limitations

A statute of limitations is a law that determines the deadline for when a person is allowed to file a civil action. If a person fails to meet a deadline loses the right to pursue a defendant for damages. Birth injury cases can have more complex statutes of limitations than other kinds of medical malpractice claims.

A lawsuit is typically filed against the doctor or hospital that caused an injury to an individual during labor and birth. These cases are usually referred to as birthing injury lawsuits or wrongful birth suits, however Florida's laws permit parents to make a claim for medical malpractice to bring a child's death.

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 expected by another health healthcare provider in similar circumstances. This could include failing to recognize an illness that is serious, for example, low oxygen levels in childbirth which can result in cerebral palsy and brain damage.

Contacting a reputable attorney is the first step to filing a lawsuit for Birth Defect lawsuits birth defects. A majority of attorneys offer free consultations and case reviews for potential clients. If an attorney believes that a client's claim is valid, they will review the medical records of the client and employ experts to assess the claims. They will also help prepare documents and file the medical malpractice lawsuit in time.

Expert Witnesses

In a case involving a birth injury, it is important to have experts who can explain medical practices and procedures before a jury. Expert witnesses can be difficult because they must scrutinize an extensive amount of information in order to make a decision based on facts, not opinion. In addition, they must be willing to testify about things that may contradict their opinions.

In the Daubert case, the plaintiffs' experts claimed that Bendectin contributed to the birth defects of their child. The judge concluded that the evidence was at the "cutting edge of research in science, where reality meets theory and certainty dissolves into probabilities." However the judge did not believe that there was sufficient evidence to prove that Bendectin doubled the chances of developing birth defects.

The Daubert decision was a blow to plaintiffs that had filed lawsuits against pharmaceutical companies in an attempt to get justice. But there are 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 have an opportunity to file a claim. A lawyer can help clients determine if they're qualified to file a lawsuit on their own or a class action. In some cases attorneys can make a claim for birth injuries as part of an interdistrict litigation. To start, fill out the form here for an unreserved and confidential consultation with a reputable attorney.

Representation

Although modern technology and recent advances in medicine have greatly reduced the risk of complications during pregnancy and childbirth However, they aren't eliminated. If a birth defect injury occurs and the cause was preventable parents may pursue legal action to pay for the costs related to treatment.

Medical negligence claims typically result from a doctor's inability to properly diagnose or treat a condition. A physician may not perform an ultrasound or make a mistake in surgery, resulting in birth defects like spina bifida. Other common causes of birth defect lawsuits include improper medication for the mother or exposure to chemicals or other environmental hazards when the baby is growing in the womb.

A birth defect can affect any part of the body of a newborn which can affect their appearance, health, and performance. In certain instances birth defects can drastically reduce a baby's life expectancy, or cause an enormous amount of medical expenses.

If you suspect that your child's birth defect or injury is the result of medical malpractice or negligent care during pregnancy or labor, contact a qualified birth defect lawyer today. A lawyer can help explain your options and help you submit a claim prior to the statute of limitations expiring. A lawyer can also negotiate a settlement with the parties accountable for the injury suffered by your infant.