Your Family Will Be Thankful For Having This 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. However, birth defects or injury still occurs frequently.

A birth defect lawsuit seeks to compensate your child for medical expenses, education costs, and other losses. To pursue an action, you must establish that a medical professional violated 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 a parent's lifetime. Parents want their babies to be perfect, and doctors attempt to do all they can to stop birth defects from happening. Unfortunately, negligence and carelessness on the part of medical professionals can increase the risk of birth injuries and birth defects. When this happens, a stunned family ought to consider pursuing justice through a birth defect lawsuit.

A successful birth defect suit could result in damages for a variety of different things. This can include the pain and suffering as well as loss of consortium, medical expenses, and loss of earning capacity. The amount of damages a victim receives will depend on the severity of their child's medical condition and the extent to which it has affected with their quality of life.

birth defect law firms injuries and birth defects can be caused by a variety of factors such as environmental exposures. Studies have shown that certain chemicals like pesticides, fungicides and lead, as well as paints and heavy metals may increase the likelihood of birth defects. Birth defect lawyers have brought suits against businesses that have exposed workers to harmful chemicals, and against pharmaceutical companies that have developed drugs that could cause birth defects in fetuses such as 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, you are given one year to file a lawsuit against medical malpractice. If you put off filing a lawsuit for a longer period this could mean that your child will never get the justice they deserve.

Statute of Limitations

A statute of limitations is a law that defines the deadline for when a person is allowed to file a civil suit. If a person fails to meet a deadline will lose the right to pursue a defendant for damages. Birth injury cases can have more complicated statutes of limitations than other types of medical malpractice claims.

A lawsuit is typically brought against the hospital or doctor that caused an injury to an individual during labor and delivery. These cases can be known as birthing injuries lawsuits or wrongful birth lawsuits, however Florida's laws permit parents to file a malpractice lawsuit in the event of the death of a child.

In order to prove medical negligence, the person who was injured will need to show that the doctor who was at fault did not follow the standard of care or birth Defects consideration expected by another health care provider in similar circumstances. This could include failing to recognize a serious condition such as low oxygen levels during childbirth that can cause cerebral palsy and brain damage.

Contacting a reputable attorney is the first step towards filing a lawsuit for birth defects. Most attorneys offer free consultations and case review to potential clients. If the attorney believes that a client has a valid claim they will review medical records and engage experts to examine them. They will also assist in preparing documents and filing the medical malpractice lawsuit on time.

Expert Witnesses

In the case of a birth injury it is crucial to have experts who can explain medical practices and procedures before a jury. Expert witnesses can be difficult since they must carefully examine an extensive amount of information to make decisions based on facts, not opinion. They must also be willing to testify on evidence that could contradict their beliefs.

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

The Daubert ruling was a setback for the plaintiffs, who had sued pharmaceutical companies to get justice. Nonetheless, there are still numerous avenues that an injured person could pursue a lawsuit for birth defects.

A Philadelphia birth defect lawyer can assist those suffering from birth defects to determine whether they are a victim. A lawyer can determine whether an individual plaintiff is eligible to file a lawsuit individually or as part of an action class. In certain situations a lawyer may make a birth injury claim in the context of multidistrict litigation (MDL). To get started complete the form on this page for a free and confidential consultation with a qualified attorney.

Representation

Although the advancements in technology and advances in medicine have drastically reduced the chance of complications during childbirth and pregnancy, they are not entirely eliminated. If a birth defect injury occurs and the cause could have been avoided, parents can seek legal action to cover the costs related to treatment.

Medical negligence claims typically stem from a doctor's failure to recognize or treat a condition. A doctor may fail to perform an ultrasound or make a mistake during surgery, leading to birth defects such as spina bifida. Birth defects can also be caused by improper medication taken by the mother, or exposure to chemicals and other environmental hazards during the baby's development in the womb.

A birth defect can affect any part of a newborn's body, and affect their health, function and appearance. In some cases birth defects can severely reduce a baby's life expectancy or lead to an enormous amount of medical costs.

Contact an attorney for birth defects today if you believe that the birth defect or birth injury was caused by medical negligence or malpractice during pregnancy or labor. A lawyer can assist you to determine your options and submit a claim before the time limit expires. A lawyer might also be able to negotiate an agreement on your behalf with the parties accountable for your child's injuries.