Birth Defect Claim 101: A Complete Guide For Beginners

How to File a Birth Defect Lawsuit

Modern medical technology and medicine have drastically reduced the risk of childbirth. Birth defects or injuries continue to occur often.

A birth defect lawsuit seeks to compensate your child for medical expenses, education costs, and other losses. To be able to file an action, you must demonstrate that a medical professional did not meet the standard of care prior to or during pregnancy, or delivery.

Damages

Pregnancy is among the most exciting and stressful experiences a parent can experience. Parents want their children to be perfect and doctors do their best to prevent birth defects. Unfortunately, carelessness and negligence on the part of medical professionals can increase the chance of birth injuries and birth defects. A family that is shocked by this news should think about taking legal action to remedy a birth defect.

A successful birth defect lawsuit may result in damages for a multitude of different things. This includes pain and suffering for the victim, loss of consortium and medical expenses, not to mention lost earning capacity. The amount of damages that the victim will be awarded is contingent on the severity of the child's condition and how much it has affected their standard of life.

Birth defects and birth defect Lawsuits birth injuries can be caused by a number of causes which include environmental exposures. Research has shown that pesticides, including fungicides and lead, as well heavy metals, paints, and heavy metals, can increase the risk of birth defects. Birth defect lawyers have filed suits against businesses that have exposed workers to these harmful chemicals, and also against pharmaceutical companies that have developed drugs that can cause birth defects in fetuses, like DES.

If you suspect that medical error caused the birth injury or birth defect, you must seek out a birth defect lawyer immediately. In certain states, you only have one year to file a medical malpractice suit, and waiting longer than that can mean losing your chance to get the justice you have earned for your child's injury.

Statute of Limitations

A statute of limitations is a law that defines how long a person has to file a civil suit. If a person misses the deadline, they will lose the right to collect damages from a defendant. Birth injury cases could have more complicated statutes of limitations than other kinds of medical malpractice claims.

A lawsuit is usually filed against the doctor or the hospital who caused the patient's injuries during labor and birth. These cases are usually called birthing injuries lawsuits or wrongful birth suits however Florida's laws permit parents to make a claim for medical malpractice for an infant's death.

In a lawsuit for medical malpractice the victim must prove that the doctor at fault did not follow the expected level of care and consideration another medical professional would have followed in similar circumstances. This includes failing to recognize a serious illness for example, low levels of oxygen during childbirth which can cause brain damage and cerebral palsy.

The first step in filing a birth defect lawsuit is to speak with an experienced attorney. Many attorneys provide free consultations to prospective clients. If the lawyer believes that a client has a valid claim they will look into medical records and engage experts to evaluate them. They can also assist in the preparation of documents and file the medical malpractice lawsuit on time.

Expert Witnesses

In a case which involves birth injuries, it is vital to have medical experts that can explain to jurors the medical procedures and practices. Expert witnesses can be difficult as they have to scrutinize the vast amount of information in order to make a decision based on facts, not opinion. In addition, they must be prepared to testify about things that may contradict their opinions.

In the Daubert Case the plaintiffs' expert believed that Bendectin is the reason for the birth defect in their child. The judge ruled that the evidence was "at the cutting edge of scientific research where fact meets theories, and certainty dissolves into probabilities." However the judge did not believe there was sufficient evidence to prove that Bendectin caused birth defects.

The Daubert decision was a blow to plaintiffs who had filed suit against pharmaceutical companies in an effort to obtain justice. There are many ways for a person who has suffered injury to bring a lawsuit based on a birth defect.

A Philadelphia birth defect attorney can help victims determine whether they have a case. A lawyer can assist victims determine if they're qualified to file a personal lawsuit or a class action. In certain instances a lawyer may make a birth injury claim in the context of multidistrict litigation (MDL). Fill out the form to receive a confidential and free consultation with an attorney.

Representation

Although the advancements in technology and advances in medicine have significantly reduced the risk of complications during childbirth and pregnancy However, they aren't eliminated. Parents may pursue legal action if they suffer a birth injury or defect occurs, and the cause could have been prevented.

Medical negligence claims are often based on a doctor's failure diagnose or treat a condition. For instance, a physician may fail to conduct an ultrasound exam or make a mistake during surgery, which could result in a birth defect like spina bifida. Other common causes of birth defect lawsuits include an ineffective medication for the mother or exposure to chemicals or other environmental hazards when the baby develops in the womb.

A birth defect may affect any part of the body of a newborn which can affect their appearance, health, and functioning. In some cases the birth defect can drastically reduce a baby's life expectancy or result in significant medical expenses.

Contact an attorney for birth defects today if you believe that the birth injury or defect was the result of medical negligence or malpractice during pregnancy or labor. A lawyer can assist you in understanding your options and assist you make a claim before the statute of limitation expiring. A lawyer may also be in a position to negotiate the settlement on behalf of you with the responsible parties for your infant's injury.