What Are The Myths And Facts Behind Birth Defect Claim

How to File a Birth Defect Lawsuit

Modern technology and advancements in medicine have dramatically reduced the risks associated with the birth of a child. However, birth defects or injury still occurs frequently.

A birth defect lawsuit seeks compensation for medical expenses of your child education costs, as well as other losses. To pursue such an action, you must demonstrate that medical professionals did not meet the standard of care prior to pregnancy or delivery.

Damages

Pregnancy is one of the most exciting and stressful experiences a parent can experience. Parents want their children to be perfect, and doctors attempt to do everything they can to prevent birth defects from occurring. Unfortunately, negligence and carelessness on the part of medical practitioners can increase the risk of birth defects and injuries. A family who is shocked by this news should think about the possibility of suing over a birth defect.

A successful birth defect lawsuit can result in damages for a range of different things. These include a victim's pain and suffering and loss of consortium medical expenses and lost earning capacity. The amount of compensation the victim will be awarded is contingent on the severity of the child's illness and how it has affected their quality of life.

Birth injuries and birth defects can be caused by a number of causes that include exposure to environmental factors. Studies have revealed that pesticides such as lead and fungicides and heavy metals, paints, and heavy metals can increase the risk of birth defects. Birth defect lawyers have brought lawsuits against companies that have exposed workers to these harmful chemicals, and also against pharmaceutical companies that have developed products that cause birth defects in fetuses, like DES.

If you suspect medical malpractice caused your child's birth injury or birth defect, it is recommended to seek out a birth defect lawyer immediately. In some states, you only have one year to file a suit for medical malpractice. If you wait, it could mean that your child won't get the justice they deserve.

Statute of Limitations

A statute of limitation is a law that establishes the time limit for a person to file an action in civil court. A person who misses the deadline will lose the right to claim damages against a defendant. Birth injury cases have more complicated statutes of limitations than other types of medical malpractice claims.

A lawsuit is usually filed against the medical professional or hospital that caused a patient's injuries during labor and birth. These cases can be referred to as birthing injury suits or birth defect lawsuits wrongful birth lawsuits, however Florida's laws permit parents to file a malpractice lawsuit in the event of the death of an infant.

In order to prove medical malpractice, the injured party will need to show that the doctor at fault did not follow the standard of care or consideration expected by another health care provider in similar circumstances. This includes failing to recognize a serious illness, such as low levels of oxygen in the childbirth process which could lead to cerebral palsy and brain damage.

Contacting a qualified attorney is the first step towards filing a lawsuit against birth defects. Most attorneys offer free consultations and case reviews for potential clients. If the lawyer believes that a client has a valid claim, they will look into medical records and employ expert witnesses to assess them. They will also assist in preparing documents and file the medical malpractice lawsuit within the timeframe.

Expert Witnesses

In a case that involves birth injuries, it's essential to have medical experts who can explain to a jury the medical procedures and practices. However, expert witnesses can be difficult to work with since they must carefully examine massive quantities of information and make decisions based upon facts rather than their opinions. They must also be willing to testify on evidence that may conflict with their position.

In the Daubert case the plaintiffs' experts suggested that Bendectin had caused the birth defects of their child. The judge ruled that the evidence was "at the cutting-edge of scientific research where fact meets theories, and certainty dissolves into probabilities." However he was not convinced there was sufficient evidence to prove that Bendectin caused birth defects.

The Daubert decision was a blow to plaintiffs that had sued pharmaceutical companies in an effort to obtain justice. There are many avenues for an injured party to seek a legal action over a birth defect.

A Philadelphia birth defect lawyer can help victims about whether they are eligible for an opportunity to file a claim. A lawyer can decide if the plaintiff is able to file a suit on their own or as part of an action class. In certain cases, an attorney can make a claim for birth injuries as part an interdistrict litigation. To start complete the form on this page to request a a free and confidential consultation with a qualified lawyer.

Representation

Although modern technology and recent advances in the field of medicine have greatly reduced the risk of complications during pregnancy and childbirth however, they are not completely eliminated. Parents can take legal action if a birth injury or defect occurs, and the reason could have been prevented.

Medical negligence claims are usually caused by a doctor's inability to diagnose or treat a condition. A doctor may fail to diagnose an ultrasound or make a mistake in surgery, leading to birth defects, such as spina bifida. Other causes for birth defect lawsuits include improper medication for the mother or exposure to chemicals or other environmental dangers while the baby is growing in the womb.

A birth defect may affect any part of the newborn's body which can affect their appearance, health and functioning. In some cases birth defects may reduce the life expectancy of a newborn or lead to significant medical costs.

If you suspect that the birth defect or injury was due to negligence or medical malpractice during pregnancy or labor consult a certified birth defect attorney today. A lawyer can help discover your options and submit a claim before the deadline for filing a claim expires. A lawyer may also be capable of negotiating settlements on your behalf with the parties responsible for your infant's injury.