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. However, birth defects or injury still happens frequently.

A birth defect lawsuit seeks reimbursement for your child's medical expenses or educational costs, among other losses. To be able to pursue an action, you must prove that medical professionals did not meet the standard of care prior to or during pregnancy or during the delivery.

Damages

Pregnancy is one of the most exciting and nerve-wracking moments in the life of a mother. Parents want their babies to be perfect, and doctors try to do their best to stop birth defects from happening. Unfortunately, negligence and carelessness on the part of medical practitioners 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 lawsuit could result in damages for a variety of different things. These include a victim's suffering and suffering and 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 impacted with their daily life.

Birth injuries and birth defects can be caused by a number of causes which include environmental exposures. Studies have proven that certain chemicals, like pesticides, fungicides and lead, as well paints and heavy metals can increase the chance of birth defects. Birth defect lawyers have brought lawsuits against companies that exposed workers to harmful chemicals, and also against pharmaceutical companies that have developed drugs that could cause birth defects in fetuses like DES.

If you suspect that medical malpractice caused the birth injury of your child or birth defect, it is recommended to consult a lawyer for birth defects immediately. In certain states, you are given one year to file a suit for medical malpractice. If you wait this could mean that your child won't get the justice they deserve.

Statute of Limitations

A statute of limitations is a law which establishes the time limit for a person to file a civil lawsuit. If a person misses the deadline, they lose the right to claim damages from a defendant. Birth injury claims can be more complex in terms of the statute of limitations than other medical malpractice claims.

A lawsuit is usually filed against the doctor or the hospital that caused injuries to a patient during labor and delivery. These cases are usually referred to as birthing injury lawsuits or wrongful birth suits however Florida's laws permit parents to file a medical malpractice suit for an infant's death.

In order to prove medical malpractice, the party who suffered will need to show that the doctor responsible didn't adhere to the standard of care or birth defects consideration required by a different health healthcare provider in similar circumstances. This includes failing to diagnose a serious illness, such as low oxygen levels during childbirth which could lead to cerebral palsy and brain damage.

Contacting a reputable attorney is the first step to file an action for birth defects. Many attorneys provide free consultations and case reviews to prospective clients. If an attorney believes a client's claim is valid they will examine the medical documents of the client and then hire experts to evaluate the evidence. They can also assist in the preparation of documents and file the medical malpractice lawsuit within time.

Expert Witnesses

In a case which involves birth injuries, it is essential to have medical experts who are able to explain to jurors the medical practices and procedures. Expert witnesses can be difficult since they have to carefully review a large amount of information to be able make decisions in accordance with facts rather than opinions. They must also be willing to provide evidence on matters that may conflict with their beliefs.

In the Daubert case the plaintiffs' experts argued that Bendectin was the cause of their child's birth defects. The judge concluded that the evidence was on the "cutting edge of research in science, where reality meets theory, and certainty transforms into probabilities." However, the judge did not believe there was enough evidence to prove that Bendectin doubled the chances of developing birth defects.

The Daubert ruling was a setback to the plaintiffs, who had filed a lawsuit against pharmaceutical companies in order to obtain justice. Nonetheless, there are still many avenues for an injured person can pursue a lawsuit for birth defects.

A Philadelphia birth defect lawyer can assist those suffering from birth defects to determine whether they're eligible for a claim. Lawyers can determine if the plaintiff is eligible to file a suit on their own 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 private 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 However, they aren't eliminated. Parents can seek legal action if they suffer a birth defect or birth injury occurs, and the cause could have been avoided.

Medical negligence claims typically stem from a doctor's failure to recognize or treat a condition. A physician may not 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 or other environmental dangers that can affect the development of the baby during the womb.

A birth defect may affect any part of the newborn's body and affect their appearance, health, and functioning. In some cases birth defects can significantly diminish a baby's life expectancy, or cause a significant amount of medical expenses.

Contact an attorney for birth defects now if you believe the birth defect or birth injury was caused by medical negligence or carelessness during labor or birth. A lawyer can help identify your options and make a claim before the statute of limitations runs out. A lawyer can also negotiate an agreement with the parties accountable for the injury of your infant.