5 Birth Defect Claim Lessons From The Pros

How to File a Birth Defect Lawsuit

Modern medical technology and medicine have drastically decreased the risks of childbirth. But, a birth defect or injury is still a common occurrence.

A birth defect lawsuit seeks to recover for medical expenses of your child education costs, as well as other losses. You must prove that the medical professional in question violated the standard treatment during or prior to the birth or delivery.

Damages

Pregnancy can be one of the most exciting, yet nerve-wracking times in a parent's lifetime. Parents want their babies to be perfect and doctors do their best to prevent birth defects. However, carelessness and negligence on the part of medical practitioners can increase the chance of birth defects and injuries. If this happens, a stunned family may want to seek justice through a birth defect lawsuit.

A successful birth defect lawsuit could result in damages for a variety of different things. This includes suffering and pain for the victim, loss of consortium and medical expenses, as well as lost earning capacity. The amount of damages that 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 defects and birth injuries can be caused by a variety of factors, including environmental exposures. Studies have proven that pesticides such as fungicides and lead, as well paints, heavy metals and heavy metals, could increase the risk of birth defects. Birth defect lawyers have brought lawsuits against companies that have exposed workers to toxic chemicals, birth defect lawsuits as well against pharmaceutical companies that have produced products that cause birth defects in fetuses, such as DES.

If you suspect that your child's birth defect, or birth injury was caused by medical malpractice, you should consult a skilled birth defect lawyer as soon as possible. In some states, you only have one year to file a medical malpractice suit, and if you wait longer than that may mean losing the chance to receive the justice you are due for the injury your child sustained.

Statute of limitations

A statute of limitations is a law which establishes the time limit for an individual to file a civil lawsuit. If a person fails to meet a deadline loses the right to claim damages against a defendant. Birth injury cases could have more complex statutes of limitations than other types of medical malpractice claims.

A lawsuit is usually filed against the hospital or doctor that caused an injury to a patient during labor and delivery. These cases are sometimes called birthing injury lawsuits or wrongful birth lawsuits however, Florida's laws allow parents to file a malpractice suit in the event of the death of a baby.

In a case of medical malpractice the injured party must prove that the doctor at fault did not adhere to the expected level of care and consideration that another medical professional would have used in similar circumstances. This includes failing diagnose serious conditions like low oxygen levels in childbirth which can lead to cerebral palsy and brain damage.

Contacting a qualified attorney is the first step towards filing an action for birth defects. Many attorneys provide free consultations and case reviews for prospective clients. If the lawyer believes that a client has a valid claim they will review medical records and employ experts to evaluate their credibility. They will also assist in preparing documents and filing the medical malpractice lawsuit within time.

Expert Witnesses

In a case involving birth injuries it is essential to have experts who can explain medical procedures and practices to a jury. However, expert witnesses aren't easy to work with since they must scrutinize huge amounts of data and make decisions based on facts rather than opinions. They must also be willing to testify about things that may contradict their positions.

In the Daubert case the plaintiffs' experts suggested that Bendectin had caused birth defects for their child. The judge concluded that the evidence was "at the cutting edge of scientific research, where science meets theories and the certainty is transformed into probabilities." However the judge did not believe there was enough proof that Bendectin caused birth defects.

The Daubert ruling was a setback to the plaintiffs who had sued pharmaceutical companies to win justice. There are a variety of avenues for an injured party to file a lawsuit for a birth defect.

A Philadelphia birth defect lawyer can advise victims on whether they have 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 certain cases lawyers can file a birth injury lawsuit in the context of multidistrict litigation (MDL). Fill out the form below to receive a confidential and free consultation with an attorney.

Representation

Modern technology and recent advances in the medical field may have decreased the chance of complications occurring during pregnancy and childbirth but they're not entirely eliminated. If a birth defect, or injury occurs, and the cause was preventable parents can pursue legal action to cover the costs related to treatment.

Medical negligence claims are often due to a doctor's failure to diagnose or treat a disease. For instance, a doctor could neglect to perform an ultrasound examination or make a mistake during surgery, resulting in a birth defect, such as spina bifida. Other causes that can lead to birth defect lawsuits include an ineffective 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 body of a newborn that can affect their appearance, health, and functionality. In some cases birth defects can decrease the life span of a child or trigger substantial medical expenses.

If you suspect that your child's birth defect or injury was caused by medical malpractice or negligent care during labor or pregnancy, contact a qualified birth defect lawyer today. A lawyer can help understand your options and make a claim before the deadline for filing a claim expires. A lawyer might also be able to negotiate settlements on behalf of you with the parties accountable for the injury to your child.