The Myths And Facts Behind 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 lawsuit seeks to pay your child's medical expenses, education costs as well as other losses. 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 is one of the most exciting and nerve-wracking experiences a parent can experience. Parents want their children to be perfect, and doctors do everything they can to prevent birth defects. However, carelessness and negligence on the part of medical professionals can increase the chance of birth defects and injuries. When this happens, a stunned family ought to consider pursuing justice through a birth defect lawsuit.

A successful birth defect lawsuit can result in damages for a range of different things. This includes the victim's pain and suffering and loss of consortium medical expenses and lost earning capacity. The amount of damages that a victim will receive depends on the severity of the child's illness, and how much it has affected their standard of life.

Environmental exposures can cause birth injuries and birth defects. Studies have shown that pesticides like lead and fungicides and paints, heavy metals and heavy metals, could increase the risk of birth defects. Birth defect lawyers have filed lawsuits against companies that exposed workers to harmful chemicals, and against pharmaceutical companies that have made drugs that can cause birth defects in fetuses, like DES.

If you suspect that medical malpractice caused the birth injury of your child or birth defect, you must consult a lawyer for birth defects immediately. In some states, there is only one year to file a medical negligence suit, and if you wait longer than that can mean losing your chance to get the justice you are due for the injury your child sustained.

Statute of limitations

A statute of limitations is a law that defines the time limit for a person to file a civil suit. A person who misses an expiration date will lose the right to pursue a defendant for damages. Birth injury cases can have more complex statutes of limitations than other types of medical malpractice cases.

A lawsuit is typically filed against the hospital or doctor who caused injury to a patient during labor and delivery. These cases can be referred to birthing injury suits or wrongful birth lawsuits however Florida's laws allow parents to file a malpractice lawsuit for the death of an infant.

In order to prove medical malpractice, the party who suffered will need to show that the doctor who was at fault didn't adhere to the standard of care or consideration required by a different health care provider in similar circumstances. This includes failing to recognize an illness that is serious like low levels of oxygen in the childbirth process that result in cerebral palsy and brain damage.

Contacting a qualified attorney is the first step to file an action for birth defects. The majority of lawyers offer free consultations and case reviews for potential clients. If an attorney believes a client's claim is valid they will examine the medical documents of the client and employ experts to assess the records. They can also assist in the preparation of documents and filing the medical malpractice suit within time.

Expert Witnesses

In a case with birth injuries, it is crucial to be able to have medical experts explain to a jury the medical procedures and practices. Expert witnesses can be difficult because they have to carefully review the vast amount of information to be able to make decisions in accordance with facts rather than opinion. They must also be willing to testify on things that may contradict their views.

In the Daubert Case, the plaintiffs' expert believed that Bendectin was the cause of the birth defect of their child. The judge concluded that the evidence was at the "cutting edge of research in science, where reality meets theory and certainty dissolves into probabilities." However the judge did not believe there was sufficient evidence that Bendectin doubled the chances of developing birth defects.

The Daubert ruling was a setback to the plaintiffs, who had sued pharmaceutical companies to try and obtain justice. There are many ways for a person who has suffered injury to file a lawsuit for the birth defect.

A Philadelphia birth defect lawyer can help victims about whether they have a right to sue. Lawyers can assist plaintiffs determine whether they are eligible to file an individual lawsuit or a class action. In some cases lawyers can file a birth injury lawsuit as part of multidistrict litigation (MDL). To start, lawyers fill out the form on this page to request a an initial consultation for free and confidential with a professional attorney.

Representation

Modern technology and recent advances in medicine may have decreased the risk of complications that can occur during childbirth and pregnancy, but they are not completely eliminated. Parents can take legal action if they suffer a birth defect or birth injury occurs, and the reason could have been avoided.

Medical negligence claims are usually result from a doctor's inability identify or treat an illness. A doctor may fail to perform an ultrasound or make a mistake during surgery, leading to birth defects like spina bifida. Birth defects can also be caused by improper medication that is taken by the mother or exposure to chemicals and other environmental dangers during the development of the baby during the womb.

A birth defect can affect any part of the body of a baby and affect their health, performance and appearance. In certain instances the birth defect could drastically reduce a baby's lifespan or result in a significant amount of medical expenses.

If you suspect the birth defect or injury is the result of negligence or medical malpractice during labor or pregnancy get in touch with a reputable birth defect lawyer today. A lawyer can help determine your options and make a claim prior to the statute of limitations runs out. A lawyer can also negotiate a settlement with the parties accountable for the injury suffered by your infant.