How To Tell If You re Ready For Birth Defect Claim

How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have drastically reduced the risk of birth. However, birth defects or injury can still happen frequently.

A birth defect law firms defect lawsuit seeks to pay your child's medical expenses, education costs, and other losses. You must prove that the medical professional involved has violated the standard medical care prior to or during the birth or during pregnancy.

Damages

Pregnancy can be one of the most exciting yet nerve-wracking events in the life of a parent. Parents want their children to be perfect and doctors do everything they can to prevent birth defects. Medical negligence and inattention can increase the risk for birth defects and injuries. A family that is shocked by this situation should consider suing for a birth defect.

A successful birth defect lawsuit can result in damages for a variety of different things. This includes pain and suffering for the victim as well as loss of consortium, medical expenses, not to mention lost earning capacity. The amount of the damages a victim is awarded will depend on the degree of their child's health and the extent that it has affected with their daily life.

Birth injuries and birth defects can be caused by a number of factors which include exposure to environmental factors. Studies have proven that certain chemicals like fungicides, pesticides lead, paints and heavy metals can increase the chances of birth defects. Birth defect lawyers have brought suits against companies that exposed workers to these harmful chemicals, and also against pharmaceutical companies that have produced drugs that can cause birth defects in fetuses like DES.

If you suspect that your child's birth defect, or birth injury was the result of medical negligence, you must consult a reputable birth defect lawyer as quickly as you can. In certain states, you have only one year to file a suit for medical malpractice. If you put off filing a lawsuit for a longer period, it could mean that your child will never get the justice they deserve.

Statute of Limitations

A statute of limitations is a law that establishes the deadline for when a person is allowed to file a civil action. A person who misses an expiration date will lose the right to sue a defendant for damages. Birth injury cases can be more complex in terms of the statute of limitations than other medical malpractice claims.

A lawsuit is usually filed against the hospital or doctor who caused the patient's injuries during labor and birth. These cases are often referred to as birthing injury lawsuits or wrongful birth lawsuits, however, Florida's laws allow parents to file a malpractice lawsuit for the death of an infant.

In a medical malpractice lawsuit the victim must prove the at-fault doctor was not adhering to the expected level of care and consideration other health care providers would have utilized in similar circumstances. This includes failing to recognize serious conditions like low oxygen levels during childbirth which could lead to cerebral palsy and brain damage.

The first step to file a birth defect lawsuit is to reach a skilled attorney. Many attorneys provide free consultations to potential clients. If the attorney believes a client has a valid claim, they will examine medical records and hire experts to evaluate the evidence. They will also assist with the preparation of documents and file the medical malpractice suit on time.

Expert Witnesses

In a birth injury case it is crucial to have experts who can explain medical procedures and practices to a jury. Expert witnesses can be difficult as they have to scrutinize a large amount of information to be able to make decisions that are based on evidence rather than opinion. Additionally, they must be willing to testify about facts that might conflict with their opinions.

In the Daubert case, the plaintiffs' experts suggested that Bendectin caused birth defects for their child. The judge concluded that the evidence was on the "cutting edge of research in science, where fact meets theory and the certainty transforms into probability." However, the judge did not believe there was sufficient evidence to prove that Bendectin doubled a baby's risk of developing birth defects.

The Daubert ruling was a setback for the plaintiffs, who had filed a lawsuit against pharmaceutical companies to try and achieve justice. Nonetheless, there are still numerous avenues that an injured person can pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer can provide victims with advice about whether they are eligible for an opportunity to file a claim. A lawyer can determine whether a plaintiff is eligible to file a lawsuit individually or as part of a class action. In some cases, an attorney can start a lawsuit for birth injury as part an interdistrict litigation. Fill out the form below for a confidential and free consultation with an attorney.

Representation

Although the latest technology and advances in the field of medicine have greatly reduced the risk of complications during pregnancy and childbirth but they aren't completely eliminated. Parents can pursue legal action if a birth defect or birth injury occurs, and the cause could have been prevented.

Medical negligence claims are typically result from a doctor's inability diagnose or treat a disease. Physicians may not perform an ultrasound or make a mistake during surgery, leading to birth defects like spina bifida. Birth defects can be caused by improper medication that is taken by the mother, or exposure to chemicals and birth defect law firms other environmental dangers that can affect the development of the baby during the womb.

A birth defect could affect any part of the body of a newborn which can affect their appearance, health and function. In some instances birth defects can severely reduce a baby's life expectancy or result in significant medical costs.

If you suspect that your child's birth defect or injury is the result of medical malpractice or negligent care during labor or birth get in touch with a reputable birth defect attorney today. A lawyer can help you identify your options and file a claim before the statute of limitations runs out. A lawyer can also negotiate a settlement with the parties responsible for the harm to your child.