How Much Do Birth Defect Claim Experts Earn

How to File a Birth Defect Lawsuit

Modern medical technology and medicine have drastically reduced the risks of childbirth. Birth defects or injuries still occur often.

A birth defect lawsuit seeks to pay your child's medical expenses, educational costs, and other losses. You must prove that the medical professional who was involved has violated the standard medical treatment during or prior to pregnancy or delivery.

Damages

Pregnancy is among the most exciting and nerve-wracking experiences a parent can experience. Parents want their babies perfect, and doctors do everything possible to prevent birth defects. Medical negligence and carelessness can increase the risk for birth defects and injuries. In the event of this happening an astonished family should consider seeking justice through a birth defect lawsuit.

A successful birth defect lawsuit may result in damages for a number of different things. This includes the victim's pain and suffering and loss of consortium medical expenses and lost earning capacity. The amount of damages the victim will receive is contingent on the severity of the child's illness and how it has affected their standard of life.

Environmental exposures can lead to birth defects and birth injuries. Research has shown that certain chemicals, such as pesticides, fungicides and lead, as well paints and heavy metals can increase the likelihood of birth defects. Birth defect lawyers have brought lawsuits against companies that have exposed workers to these toxic chemicals, as well against pharmaceutical companies that have developed medications that can cause birth defects in fetuses, birth defect lawyers such as DES.

If you suspect that medical error caused the birth injury of your child or birth defect, it is recommended to consult a birth defect lawyer immediately. In some states, there is only one year to file a medical negligence suit, and if you wait longer than that may mean losing your chance to obtain the justice you need for your child's injuries.

Statute of Limitations

A statute of limitations is a law which defines the time limit for a person to file a civil suit. A person who misses an expiration date will lose the right to seek damages from a defendant. Birth injury claims may have a more complicated statute of limitations than other medical malpractice claims.

A lawsuit is usually filed against the doctor or hospital who caused injury to the patient during labor and delivery. 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 child.

In order to prove medical malpractice, the party who suffered will need to show that the doctor who was at fault did not follow the standards of care and 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 that cause brain damage and cerebral palsy.

A qualified attorney should be the first step in filing an action for birth defects. A majority of attorneys offer free consultations and case review to potential clients. If the attorney is convinced that a client has a valid claim, they will review medical records and engage experts to examine their credibility. They can also assist in the preparation of documents and filing the medical malpractice suit within time.

Expert Witnesses

In a case with birth injuries, it is vital to be able to have medical experts explain to jurors the medical procedures and practices. Expert witnesses can be difficult because they must scrutinize a vast amount of data to make decisions based on facts, not opinion. In addition, they must be able to testify regarding facts that could contradict their views.

In the Daubert case the plaintiffs' experts claimed that Bendectin contributed to their child's birth defects. The judge concluded that the evidence was "at the forefront of scientific research where fact meets theories and the certainty is transformed into probabilities." However, he did not believe there was enough evidence to conclude that Bendectin caused birth defects.

The Daubert decision was a blow to plaintiffs that had filed a lawsuit against pharmaceutical companies the hope of obtaining justice. There are numerous avenues for a person who has suffered injury to bring a lawsuit based on the birth defect.

A Philadelphia birth defect lawyer can advise victims on whether they have a right to sue. Lawyers can assist victims determine if they're eligible to file a lawsuit as an individual or a class action. In some cases, a lawyer can make a birth injury claim as part of multidistrict lawsuit (MDL). To start you must fill out the form below for a the opportunity to have a no-cost and confidential consultation with a professional attorney.

Representation

Modern technology and recent advancements in medical technology may have decreased the chance of complications occurring during pregnancy and childbirth, however they're still not completely eliminated. Parents may pursue legal action if a birth defect or birth injury occurs, and the cause could have been prevented.

Medical negligence claims tend to be due to a doctor's failure to diagnose or treat an illness. A physician may fail to perform an ultrasound or make a mistake in surgery, resulting in birth defects, such as spina bifida. Birth defects can be caused by a wrong medication taken by the mother or exposure to chemicals or other environmental dangers during the development of the baby in the womb.

A birth defect may affect any part of the body of a newborn that can affect their appearance, health, and function. In some instances the birth defect could dramatically reduce a child's life expectancy, or cause a significant amount of medical costs.

If you suspect the birth defect or injury was the result of negligence or medical malpractice during labor or birth get in touch with a reputable birth defect lawyer today. A lawyer can help identify your options and make a claim before the deadline for filing a claim expires. A lawyer can also negotiate an agreement with the responsible parties for the harm to your child.