Five Birth Defect Claim Lessons Learned From 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 to compensate your child for medical expenses, educational costs, and other losses. You must prove that the medical professional you are suing did not follow the standard of treatment during or prior to the birth or delivery.

Damages

Pregnancy is one of the most exciting and nerve-wracking moments in the life of a mother. Parents want their children to be perfect and doctors do everything possible to prevent birth defect law firms defects. Medical negligence and carelessness can increase the risk for 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 suit can result in damages for a variety of different things. This can include pain and suffering for the victim as well as loss of consortium, medical expenses, not to mention loss of earning capacity. The amount of damages a person suffers will depend on the severity of their child's condition and the extent to which it has impacted in their quality of life.

Environmental exposures can lead to birth injuries and birth defects. Studies have revealed that pesticides like lead and fungicides and paints, heavy metals and heavy metals, could increase the risk of birth defects. Birth defect lawyers have filed lawsuits against companies that exposed workers to these harmful chemicals, and also against pharmaceutical companies that have made products that cause birth defects in fetuses like DES.

If you suspect that medical error caused the birth injury or birth defect, you must consult a lawyer for birth defects immediately. In certain states, there is only one year to file a medical malpractice suit, and if you wait longer than that may 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 that defines the deadline for filing an action in civil court. If a person fails to meet a deadline loses the right to sue a defendant for damages. Birth injury claims can have a more complicated statute of limitations than other medical malpractice claims.

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

In order to prove medical negligence, the person who was injured must prove that the doctor at fault didn't adhere to the standard of care or consideration expected by another health care provider in similar circumstances. This includes failing to recognize serious conditions like low levels of oxygen during childbirth which could lead to cerebral palsy and brain damage.

A qualified attorney should be the first step towards filing an action for birth defects. The majority of lawyers offer free consultations and case review to potential clients. If the attorney believes that a client has a valid claim they will look into medical records and appoint experts to evaluate their credibility. They will also assist in preparing documents and file the medical malpractice suit on time.

Expert Witnesses

In cases with birth injuries, it is vital to be able to have medical experts provide a jury with the medical practices and procedures. Expert witnesses can be difficult since they must scrutinize the vast amount of information to be able make decisions based on fact rather than opinion. They must also be willing to testify about facts that could contradict their opinions.

In the Daubert case, the plaintiffs' experts claimed that Bendectin caused their child's birth defects. The judge concluded that the evidence was on the "cutting edge of scientific research, where evidence is matched by theory, and certainty turns into probabilities." However the judge did not consider there was enough evidence that Bendectin doubled a baby's chance of developing birth defects.

The Daubert decision was a blow to plaintiffs who had filed lawsuits against pharmaceutical companies in the hope of obtaining justice. However, there are many ways that an injured person can pursue a lawsuit for birth defects.

A Philadelphia birth defect attorney will assist the victims to determine whether they have a case. A lawyer can help victims determine if they're eligible to file a lawsuit as an individual or a class action. In some instances attorneys can bring a lawsuit on behalf of a birth injury as part an interdistrict litigation. Fill out the form below for a confidential and free consultation with an attorney.

Representation

Although the advancements in technology and birth defect Lawyers developments in the field of medicine have drastically reduced the chance of complications during childbirth and pregnancy however, they are not completely eliminated. Parents can pursue legal action if they suffer a birth injury or defect occurs, and the reason could have been avoided.

Medical negligence cases typically stem from a doctor's failure to recognize or treat a problem. For example, a physician might fail to conduct an ultrasound examination or make an error during surgery, resulting in a birth defect like spina bifida. Other common causes of a birth defect lawsuit comprise an ineffective 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 and affect their health, functioning and appearance. In some instances, a birth defect can drastically reduce a baby's lifespan or result in significant medical expenses.

If you think your child's birth defect or injury was caused by medical malpractice or negligent care during labor or birth, contact a qualified birth defect lawyer today. A lawyer can provide you with your options and assist you make a claim before the statute of limitation expiring. A lawyer can also negotiate an agreement with the parties accountable for the injury suffered by your child.