Where To Research Birth Defect Claim Online

How to File a Birth Defect Lawsuit

Modern medicine and technology have greatly decreased the risks of childbirth. However, birth defects or injury is still a common occurrence.

A birth defect lawsuit seeks to compensate your child for medical expenses, education costs, and other losses. You must prove that the medical professional involved did not follow the standard of care prior to or during the birth or delivery.

Damages

Pregnancy is among the most exciting and nerve-wracking times in a parent's life. Parents want their babies to be perfect, and doctors strive to do everything they can to stop birth defects from occurring. Unfortunately, carelessness and negligence on the part of medical practitioners can increase the risk of birth defects and injuries. A family who is shocked by this situation should consider taking legal action to remedy a birth defect.

A successful birth defect lawsuit could result in damages for a variety of different things. These include a victim's pain and suffering, loss of consortium, medical expenses and lost earning capacity. The amount of damages a victim will receive will depend on the degree of their child's health and the extent to which it has impacted with their life quality.

Birth defects and birth injuries can be caused by a variety of factors, including exposure to environmental factors. Research has shown that certain chemicals, like fungicides, pesticides and lead, as well as paints, and heavy metals can increase the likelihood of birth defects. Birth defect lawyers have brought lawsuits against companies that have exposed workers to hazardous chemicals, as well as against pharmaceutical companies that have made medications that can cause birth defects in fetuses like DES.

If you suspect that medical error caused your child's birth injury or birth defect, it is recommended to consult a lawyer for birth defects immediately. In certain states, there's only one year to file a medical negligence lawsuit, and waiting more than that could result in losing your chance of getting the justice you deserve for your child's injury.

Statute of limitations

A statute of limitations is a law that establishes the deadline for someone to file a civil lawsuit. If a person fails to meet the deadline, they lose the right to claim damages from the defendant. Birth injury claims may be more complex in terms of the statute of limitations than other medical malpractice claims.

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

To prove medical negligence, the person who was injured will need to show that the doctor who was at fault was not able to meet the standards of care and consideration expected by another health healthcare provider in similar circumstances. This includes failing to diagnose an illness that is serious, such as low oxygen levels during childbirth which can cause cerebral palsy or brain damage.

A qualified attorney should be the first step to file a lawsuit for birth defects. Most attorneys offer free consultations to potential clients. If an attorney believes the client's claim is legitimate they will look over the medical documents of the client and hire experts to evaluate the claims. They can also assist in the preparation of documents and filing the medical malpractice lawsuit on time.

Expert Witnesses

In a case involving birth injuries it is essential to have experts who can explain medical practices and procedures to jurors. Expert witnesses aren't easy to work with because they must carefully examine massive amounts of evidence and be able to make decisions based on evidence rather than opinions. They should also be able to provide evidence on matters that could contradict their position.

In the Daubert case the plaintiffs' experts claimed that Bendectin was the cause of their child's birth defects. The judge ruled that the evidence was at the "cutting edge of research in science, where reality is matched by theory, and certainty turns into probabilities." However the judge did consider there was enough evidence that Bendectin doubled the chances 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. Nonetheless, there are still various ways in which an injured person can pursue a lawsuit for birth defects.

A Philadelphia birth defect attorney can assist those suffering from birth defects to determine whether they're eligible for a claim. A lawyer can determine if an individual plaintiff is eligible to file a lawsuit individually or as part of a class action. In some instances attorneys can bring a lawsuit on behalf of a birth injuries as part a multidistrict litigation. To begin by filling out the form here for an unreserved and confidential consultation with a qualified lawyer.

Representation

Although modern technology and recent advancements in the medical field have greatly reduced the risk of complications during pregnancy and childbirth, they are not entirely eliminated. If a birth defect injury occurs, and the cause is preventable, advicebookmarks.com parents can seek legal action to recover the costs associated with treatment.

Medical negligence claims often stem from a doctor's failure to recognize or treat a condition. A doctor might fail to diagnose an ultrasound or make a mistake in 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 or other environmental dangers during the development of the baby during the womb.

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

Contact an attorney for birth defects now if you believe the birth defect or injury was the result of medical negligence or malpractice during pregnancy or labor. A lawyer can explain your options and help you make a claim prior the statute of limitations expiring. A lawyer can also negotiate a settlement with the responsible parties for the injuries suffered by your child.