The Often Unknown Benefits Of Birth Defect Claim

How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have drastically reduced the risk of the birth of a child. Birth defects or injuries still occur often.

A birth defect lawsuit seeks compensation for your child's medical expenses education costs, as well as other expenses. You must prove that the medical professional you are suing violated the standard treatment prior to or during the birth or during pregnancy.

Damages

Pregnancy can be one of the most exciting, yet nerve-wracking events during the lifetime of a parent. Parents want their babies to be perfect, and doctors attempt to do everything possible to prevent birth defects from happening. However, carelessness and negligence on the part of medical professionals can increase the chance of birth defects and injuries. Families who are shocked by this news should think about seeking legal action for a birth defect.

A successful birth defect lawsuit can result in damages for many different things. This includes the victim's suffering and suffering, loss of consortium, medical expenses, and loss of earning capacity. The amount of damages an individual victim will be awarded depends on the degree of the child's health and how it has affected their quality of living.

Environmental exposures can cause birth defects and birth injuries. Research has shown that certain chemicals, like fungicides, pesticides and lead, as well heavy metals and paints can increase the chance of birth defects. Birth defect lawyers have filed lawsuits against companies that exposed workers to harmful chemicals, as well as pharmaceutical companies that produce drugs such as DES that could cause birth defects in fetuses.

If you suspect that medical negligence caused the birth injury or birth defect, consult a lawyer for birth defects immediately. In some states, you only have one year to file a medical malpractice suit, and birth defect law firms waiting 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 establishes the time limit for a person to file a civil suit. If someone misses the deadline, they will lose the right to collect damages from a defendant. Birth injury claims can have a more complicated time limit than other medical malpractice claims.

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

In a lawsuit for medical malpractice, the injured party must prove the at-fault doctor was not adhering to the expected level of care and consideration another medical professional would have followed in similar circumstances. This includes failing to recognize a serious condition such as low levels of oxygen in the childbirth process that cause brain damage and cerebral palsy.

The first step to file a birth defect lawsuit is to get in touch with a skilled attorney. A majority of attorneys offer free consultations and case review to prospective clients. If the attorney is convinced that a client has a valid claim they will review medical records and employ experts to examine the evidence. They can also assist in the preparation of documents and filing the medical malpractice lawsuit on time.

Expert Witnesses

In a case that involves birth injuries, it's essential to be able to have medical experts explain to a jury the medical practices and procedures. Expert witnesses can be difficult since they have to carefully review a large amount of information to make decisions in accordance with facts rather than opinion. They also have to be willing to provide evidence on matters which may contradict their beliefs.

In the Daubert case the plaintiffs' experts argued that Bendectin caused their child's birth defects. The judge ruled that the evidence was on the "cutting edge of research in science, where fact meets theory and certainty dissolves into probability." However the judge did not consider there was enough evidence to support the claim that Bendectin increased the chance of developing birth defects.

The Daubert decision was an affront to plaintiffs who had sued pharmaceutical companies in an attempt to get justice. However, there are many ways that an injured person can pursue a lawsuit for birth defects.

A Philadelphia birth defect lawyer can assist victims in determining whether they're eligible for a claim. A lawyer can decide if an individual plaintiff is eligible to pursue a lawsuit by themselves or as part of a class action. In some cases attorneys can make a claim for birth injuries as part a multidistrict litigation. Please fill out the form below to receive a confidential and free consultation with an attorney.

Representation

Modern technology and recent advancements in medicine may have reduced the risk of complications occurring during childbirth and pregnancy, but they are not completely eliminated. If a birth defect or injury occurs and the cause was preventable, parents can seek legal action to cover costs associated with treatment.

Medical negligence claims usually result from a doctor's inability to recognize or treat a problem. For instance, a physician may not perform an ultrasound test or make mistakes during surgery, resulting in a birth defect like spina bifida. Birth defects can be caused by improper medication taken by the mother or exposure to chemicals and other environmental dangers during the child's development in the womb.

A birth defect can affect any part of the newborn's body which can affect their appearance, health and functionality. In certain cases birth defects can decrease a baby's lifespan or cause significant medical costs.

Contact an attorney for birth defect law Firms defects now if you believe your child's birth defect or injury was the result of medical negligence or carelessness during labor or birth. A lawyer can explain your options and assist you to file a claim prior to the statute of limitation expiring. A lawyer may also be in a position to negotiate the settlement on your behalf with the parties responsible for your infant's injury.