5 Birth Defect Claim Projects For Any Budget

How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have greatly reduced the risk of childbirth. However, birth defects or injury can still happen frequently.

A birth defect lawsuit seeks reimbursement for your child's medical expenses, educational costs, and other expenses. You must prove that the medical professional involved has violated the standard medical care prior to or during the pregnancy or birth.

Damages

Pregnancy is among the most exciting and stressful moments in the life of a mother. Parents want their children to be perfect, and doctors attempt to do everything they can to prevent birth defects from occurring. Unfortunately, carelessness and negligence on the part of medical practitioners can increase the chance of birth injuries and birth defects. When this happens an astonished family might want to pursue justice via a birth defect lawsuit.

A successful birth defect suit could result in damages for many different things. These include a victim's suffering and suffering and loss of consortium medical expenses and lost earning capacity. The amount of damages an individual victim will be awarded depends on the severity of the child's medical condition and how much it has affected their standard of living.

Birth injuries and birth defects can be caused by a number of factors such as environmental exposures. Research has shown that certain chemicals, like fungicides, pesticides and lead, as well as heavy metals and paints can increase the chance of birth defects. Birth defect lawyers have brought suits against companies that exposed workers to these hazardous chemicals, as well as against pharmaceutical companies who have manufactured drugs that could cause birth defects in fetuses such as DES.

If you suspect that medical malpractice caused your child's birth injury or birth defect, you should consult a lawyer for birth defects immediately. In certain states, you only have one year to file a lawsuit against medical malpractice. If you wait longer, it could mean that your child will never receive 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 lawsuit. If a person 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 hospital or doctor who caused injury to the patient during labor and birth. These cases are commonly known as birthing injury lawsuits or wrongful birth suits however Florida's laws permit parents to bring a medical malpractice lawsuit in the event of a baby's death.

In a case of medical malpractice the plaintiff must prove the at-fault doctor did not adhere to the standards of care and consideration that another health care provider would have applied in similar circumstances. This includes failing diagnose a serious condition such as low levels of oxygen during childbirth which could lead to cerebral palsy and brain damage.

A qualified attorney should be the first step to file an action for birth defects. A majority of attorneys offer free consultations for potential clients. If an attorney believes that the client's claim is legitimate they will go over the medical documents of the client and employ experts to evaluate the records. They will also assist in preparing documents and file the medical malpractice lawsuit in time.

Expert Witnesses

In the case of a birth injury, it is important to have experts who can explain medical practices and procedures to a jury. Expert witnesses can be difficult because they must carefully examine an extensive amount of information to be able to make decisions based on facts, not opinion. They also have to be willing to testify about facts which may contradict their beliefs.

In the Daubert case, the plaintiffs' experts claimed that Bendectin was the cause of their child's birth defects. The judge found that the evidence was at the "cutting edge of scientific research, where evidence meets theory and the certainty transforms into probabilities." However, birth defects the judge did not believe there was enough evidence that Bendectin increased the chance of developing birth defects.

The Daubert decision was a blow to plaintiffs who had sued pharmaceutical companies in an effort to obtain justice. There are many ways that an injured party may pursue a lawsuit for birth defects.

A Philadelphia birth defect attorney can assist those suffering from birth defects to determine if they have a case. Lawyers can determine if a plaintiff is eligible to file a lawsuit individually or as part of a class action. In some cases lawyers can start a lawsuit for birth injuries as part of multidistrict lawsuit (MDL). To start, fill out the form on this page for the opportunity to have a no-cost and confidential consultation with a qualified attorney.

Representation

Modern technology and recent advances in the field of medicine could have decreased the chance of complications arising during pregnancy and childbirth but they're not entirely eliminated. Parents can pursue legal action if a birth injury or defect occurs, and the reason could have been avoided.

Medical negligence claims are usually caused by a doctor's inability to diagnose or treat an illness. A doctor may fail to conduct an ultrasound or make a mistake in surgery, resulting in birth defects such as spina bifida. Birth defects can also be caused by improper medication taken by the mother or exposure to chemicals and other environmental hazards during the baby's development during the womb.

A birth defect could affect any part of the newborn's body, affecting their appearance, health, and functioning. In some instances birth defects can drastically reduce a baby's life expectancy, or cause a significant amount of medical expenses.

Contact an attorney for birth defects today if you suspect that the birth defect or injury was caused by medical negligence or malpractice during pregnancy or labor. A lawyer can help explain your options and assist you file a claim prior to the statute of limitation expiring. A lawyer can also negotiate a settlement with the responsible parties for the injury of your infant.