Your Family Will Be Thankful For Having This Birth Defect Claim

How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have significantly reduced the risk of childbirth. Birth defects or injuries continue to occur often.

A birth defect lawsuit seeks to pay your child's medical expenses, educational costs, and other losses. To pursue a claim, you need to establish that a medical professional did not meet the standard of care before or during pregnancy or delivery.

Damages

Pregnancy can be one of the most exciting, yet nerve-wracking events during the lifetime of a parent. Parents want their babies to be perfect, and doctors try to do their best to prevent birth defects from happening. Unfortunately, negligence and carelessness on the part of medical professionals can increase the risk of birth injuries and birth defects. When this happens an astonished family may want to seek justice through a birth defect lawsuit.

A successful birth defect lawsuit could result in damages for a range of different things. This can include the suffering and suffering, loss of consortium, medical expenses, and loss of earning capacity. The amount of damages an individual victim will be awarded depends on the degree of the child's health and how it has affected their standard of life.

Environmental exposures can result in birth defects and birth injuries. Research has shown that pesticides, such as 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 pharmaceutical companies that manufacture drugs such as DES that could cause birth defects in fetuses.

If you suspect that medical negligence caused the birth injury or birth defect, you should seek out a birth defect lawyer immediately. In some states, there's only one year to file a medical negligence suit, and waiting any longer than that could mean losing your chance of getting the justice you have earned for your child's injury.

Statute of limitations

A statute of limitation is a law that defines the deadline for filing an action in civil court. If a person fails to meet a deadline loses the right to seek damages from a defendant. Birth injury cases have more complicated statutes of limitations than other types of medical malpractice cases.

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

In a medical malpractice lawsuit the injured party must prove that the doctor at fault did not follow the standards of care and consideration that other health care providers would have applied in similar circumstances. This includes not being able to identify an illness that is serious for example, low levels of oxygen in the childbirth process which can cause cerebral palsy and brain damage.

The first step to file a birth defect lawsuit is to reach a skilled attorney. Most attorneys offer free consultations and case reviews to potential clients. If the attorney is convinced that a client has a valid claim they will look over medical records and engage experts to examine the case. They will also assist in preparing documents and filing the medical malpractice lawsuit within time.

Expert Witnesses

In the case of a birth injury, it is important to have experts who can explain medical procedures and practices to a jury. Expert witnesses can be difficult to work with as they must be able to scrutinize massive amounts of evidence and make decisions based on the facts rather than their opinions. They must also be prepared to testify about facts that might conflict with their views.

In the Daubert Case the plaintiffs' expert argued that Bendectin caused their child's birth defect. The judge concluded that the evidence was "at the cutting edge of scientific research where fact meets theories, and certainty dissolves into probabilities." However the judge was not convinced there was enough evidence to conclude that Bendectin caused birth defects.

The Daubert decision was a setback to plaintiffs who had filed lawsuits against pharmaceutical companies in an attempt to get justice. There are a variety of avenues for an injured party to seek a legal action over a birth defect.

A Philadelphia birth defect lawyer can advise victims about whether they have claims. Lawyers can assist plaintiffs determine if they are qualified to file a lawsuit as an individual or a class action. In some cases, an attorney can bring a lawsuit on behalf of a birth injuries as part a multidistrict lawsuit. To start by filling out the form here for a free and confidential consultation with a professional attorney.

Representation

Modern technology and recent advancements in medical technology may have decreased the chance of complications arising during pregnancy and childbirth but they are not completely eliminated. If a birth defect injury occurs and the cause is preventable, parents can seek legal action to pay for the costs related to treatment.

Medical negligence claims are usually due to a doctor's failure to diagnose or treat a condition. For instance, a doctor could neglect to perform an ultrasound test or make mistakes during surgery, which could result in a birth defect such as spina bifida. Other causes for birth defect lawsuits include an ineffective medication for the mother or exposure to chemicals or other environmental hazards when the baby is growing in the womb.

A birth defect may affect any part of the newborn's body, affecting their appearance, health, birth defect lawsuits and performance. In some cases birth defects may reduce the life expectancy of a newborn or lead to significant medical expenses.

Contact an attorney for birth defects now if you believe your child's birth injury or defect was caused by medical negligence or negligence during labor or pregnancy. A lawyer can help you understand your options and submit a claim before the statute of limitations runs out. A lawyer can also negotiate a settlement with the parties accountable for the harm to your child.