What Is Birth Defect Claim And Why Is Everyone Talking About It

How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have significantly reduced the risk of the birth of a child. However, birth defects or injury still occurs frequently.

A birth defect lawsuit seeks compensation for your child's medical expenses education costs, as well as other expenses. To pursue a claim, you need to demonstrate that a medical professional breached the standard of care before or during pregnancy or the birth of your child.

Damages

Pregnancy can be one of the most exciting, yet nerve-wracking times during the lifetime of a parent. Parents want their babies perfect and birth defect lawsuits doctors do their best to avoid birth defects. Medical negligence and carelessness could increase the risk for birth defects and injuries. If this happens the family of the victim might want to pursue justice via a birth defect lawsuit.

A successful birth defect lawsuit may result in damages for a range of different things. These include a victim's pain and suffering, loss of consortium, medical expenses, and loss of earning capacity. The amount of damages that the victim will receive is contingent on the severity of the child's illness and how much it has affected their quality of life.

Birth injuries and birth defects can be caused by a number of factors that include environmental exposures. Studies have shown that pesticides, such as fungicides and lead as well as heavy metals, paints, and heavy metals, can increase the risk of birth defects. Birth defect lawyers have brought suits against businesses that have exposed workers to these toxic chemicals, as well against pharmaceutical companies that have produced products that cause birth defects in fetuses, like DES.

If you suspect that medical error caused your child's birth injury or birth defect, you should consult a lawyer for birth defects immediately. In certain states, you are given one year to file a lawsuit claiming medical malpractice. If you put off filing a lawsuit for a longer period and you don't, your child will never get the justice they deserve.

Statute of Limitations

A statute of limitations is a law which defines the deadline for when a person is allowed to file a civil claim. If someone misses the deadline, they lose the right to claim damages from a defendant. Birth injury cases can have more complicated statutes of limitations than other types of medical malpractice claims.

A lawsuit is typically filed against the doctor or birth defect Lawsuits hospital that caused a patient's injuries during labor and birth. These cases are often referred to as birthing injury lawsuits or wrongful birth lawsuits, although Florida's laws permit parents to file a malpractice suit in the event of the death of a baby.

In a medical malpractice case, the injured party must prove that the doctor at fault did not adhere to the standards of care and consideration any other medical professional would have utilized in similar circumstances. This includes failing to diagnose serious conditions like low oxygen levels during childbirth that can cause cerebral palsy and brain damage.

Contacting a reputable attorney is the first step to file a lawsuit against birth defects. Most attorneys offer free consultations to prospective clients. If an attorney is convinced that a client's claim is valid they will go over the medical documents of the client and then hire experts to evaluate the claims. They will also assist with the preparation of documents and file the medical malpractice lawsuit in time.

Expert Witnesses

In a birth injury case it is essential to have experts who can explain medical practices and procedures to jurors. Expert witnesses can be difficult as they must scrutinize a vast amount of data to make decisions in accordance with facts rather than opinion. In addition, they must be able to testify regarding things that may contradict their beliefs.

In the Daubert Case the plaintiffs' expert suggested that Bendectin caused the birth defect in their child. The judge concluded that the evidence was "at the cutting-edge of scientific research, where evidence meets theories and the certainty is transformed into probabilities." However the judge did not believe there was enough evidence that Bendectin caused birth defects.

The Daubert decision was a setback to plaintiffs who had filed lawsuits against pharmaceutical companies in seeking justice. But there are many avenues for an injured person can pursue a birth defect lawsuit.

A Philadelphia birth defect attorney can assist those suffering from birth defects to determine whether they are a victim. A lawyer can determine whether an individual plaintiff is eligible to file a lawsuit individually or as part of a class action. In some instances, an attorney can file a lawsuit for birth injuries as part a multidistrict litigation. Complete the form below for a confidential and free consultation with an attorney.

Representation

Although the advancements in technology and advances in medicine have greatly reduced the risk of complications during childbirth and pregnancy but they aren't completely eliminated. Parents can take legal action if they suffer a birth injury or defect occurs, and the reason could have been avoided.

Medical negligence claims are often result from a doctor's inability diagnose or treat a condition. A doctor may fail to conduct an ultrasound or make a mistake in surgery, leading to birth defects, such as spina bifida. Other causes that can lead to birth defect lawsuits include insufficient medication for the mother or exposure to chemicals or other environmental hazards while the baby is growing in the womb.

A birth defect can affect any part of a newborn's body and affect their health, function and appearance. In some instances the birth defect could severely reduce a baby's life expectancy, or cause an enormous amount of medical costs.

If you suspect your child's birth defect or injury was due to medical malpractice or negligent care during labor or pregnancy seek out a qualified birth defect lawyer today. A lawyer can assist you understand your options and make a claim prior to the statute of limitations expires. A lawyer can also negotiate a settlement with the parties responsible for the injury of your child.