5 Birth Defect Claim Projects That Work For Any Budget

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 occurs frequently.

A birth defect lawsuit seeks to recover for your child's medical expenses, educational costs, and other expenses. To pursue such an action, you must establish that a medical professional did not meet the standard of care prior to or during pregnancy or the birth of your child.

Damages

Pregnancy is one of the most exciting and stressful times in a parent's life. Parents want their babies to be perfect, and doctors try to do all they can to stop birth defects from occurring. Medical negligence and inattention can increase the risk of birth defects and injuries. When this occurs families that are shocked might want to pursue justice via a birth defect lawsuit.

A successful birth defect lawsuit may result in damages for a variety of different things. This can include pain and suffering for the victim as well as loss of consortium, medical expenses, in addition to lost earning capacity. The amount of damages that the victim will be awarded is contingent on the degree of the child's health, and how much it has affected their standard of life.

Birth injuries and birth defects can be caused by a variety of causes which include environmental exposures. Studies have shown that certain chemicals such as pesticides, fungicides, lead, paints and heavy metals can increase the chance of birth defects. Birth defect lawyers have filed suits against businesses that have exposed workers to harmful chemicals, and also against pharmaceutical companies that have produced products that cause birth defects in fetuses, like DES.

If you suspect that your child's birth defect or birth injury is the result of medical malpractice, you should speak with a skilled birth defect lawyer as soon as possible. In certain states, you only have one year to file a suit for medical malpractice. If you wait longer this could mean that your child won't get the justice they deserve.

Statute of limitations

A statute of limitations is a law which defines the time limit for a person to file a civil action. Anyone who fails to meet a deadline will lose the right to pursue a defendant for damages. Birth injury claims be more complex in terms of the time limit than other medical malpractice claims.

A lawsuit is typically brought against the hospital or doctor who caused injury to an individual during labor and birth. These cases are often referred to birthing injury suits or wrongful birth lawsuits, however Florida's laws permit parents to file a malpractice lawsuit for the death of a baby.

To prove medical malpractice, the injured party must prove that the doctor responsible did not follow the standard of care or consideration required by a different health healthcare provider in similar circumstances. This could include failing to recognize a serious condition such as low levels of oxygen in the childbirth process which could lead to cerebral palsy and brain damage.

The first step in filing a birth defect lawsuit is to contact an experienced attorney. A majority of attorneys offer free consultations and case review to potential clients. If an attorney believes the client's claim is legitimate, they will review the medical records of the client and then hire experts to analyze the claims. They can also assist in the preparation of documents and filing the medical malpractice lawsuit in time.

Expert Witnesses

In cases with birth injuries, it is crucial to have medical experts that can explain to a jury the medical procedures and practices. Expert witnesses can be difficult since they have to carefully review the vast amount of information in order to make a decision in accordance with facts rather than opinions. They should also be prepared to testify on evidence which may contradict their opinion.

In the Daubert Case the plaintiffs' expert suggested that Bendectin is the reason for the birth defect of their child. The judge concluded that the evidence was at the "cutting edge of scientific research, where evidence meets theory and the certainty transforms into probability." However the judge did believe there was sufficient evidence to prove that Bendectin doubled a baby's risk of developing birth defects.

The Daubert decision was an affront to plaintiffs who had sued pharmaceutical companies in an attempt to get justice. There are many ways that an injured person could pursue a birth defect lawsuit.

A Philadelphia birth defect attorney can assist victims in determining whether they have a case. Lawyers can determine if a plaintiff is eligible to file a suit on their own or as part of an action class. In certain instances a lawyer may file a birth injury lawsuit in the context of multidistrict litigation (MDL). Complete the form below to receive a confidential and free consultation with an attorney.

Representation

Although the latest technology and advancements in the medical field have greatly reduced the risk of complications during pregnancy and childbirth, they are not entirely eliminated. Parents may pursue legal action if a birth defect or birth injury occurs, and the cause could have been prevented.

Medical negligence claims are typically result from a doctor's inability diagnose or treat a condition. A doctor might fail to conduct an ultrasound or make a mistake during surgery, leading to birth defects like spina bifida. Other common causes of a birth defect lawsuit include inadequate medication for the mother or exposure to chemicals or other environmental hazards as the baby is developing in the womb.

A birth defect can affect any part of the body of a baby and impact their health, function and appearance. In some instances birth defect lawsuits defects can decrease a baby's lifespan or cause major medical expenses.

If you suspect your child's birth defect or injury was caused by negligence or Birth Defect lawsuit medical malpractice during labor or pregnancy seek out a qualified birth defect lawyer today. A lawyer can help explain your options and assist you to make a claim prior the time limit expiring. A lawyer can also negotiate a settlement with the parties accountable for the harm to your infant.