7 Helpful Tricks To Making The Maximum Use Of Your Birth Defect Claim

How to File a Birth Defect Lawsuit

Modern technology and advancements in medicine have dramatically reduced the risks associated with the birth of a child. However, birth defects or injury can still happen frequently.

A birth defect lawsuit seeks reimbursement for medical expenses of your child education costs, as well as other expenses. You must prove that the medical professional in question has violated the standard medical treatment prior to or during the birth or delivery.

Damages

Pregnancy can be one of the most exciting, yet nerve-wracking experiences in the life of a parent. Parents want their children to be perfect, and doctors try to do all they can to prevent birth defects from happening. However, carelessness and negligence on the part of medical practitioners can increase the chance of birth injuries and birth defects. A family that is stricken by this situation should consider the possibility of suing over a birth defect.

A successful birth defect suit could result in damages for many different things. This includes the victim's pain and suffering as well as loss of consortium, medical expenses and lost earning capacity. The amount of compensation an individual victim will be awarded depends 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 variety of causes, including exposure to environmental factors. Studies have shown that certain chemicals like fungicides, pesticides and lead, as well heavy metals and paints can increase the risk of birth defects. Birth defect lawyers have brought lawsuits against companies that exposed workers to these toxic chemicals, as well against pharmaceutical companies that have produced drugs that could cause birth defects in fetuses, like DES.

If you suspect that medical negligence caused the birth injury of your child or birth defect, you should consult a lawyer for birth defects immediately. In certain states, you have only one year to file a medical negligence suit, and waiting longer than that can mean losing the chance to receive the justice you need for your child's injuries.

Statute of Limitations

A statute of limitation is a law which establishes the time limit for filing a civil lawsuit. If a person fails to meet the deadline, they will lose the right to collect damages from the defendant. Birth injury cases have more complex statutes of limitations than other types of medical malpractice cases.

A lawsuit is typically brought against the doctor or hospital who caused injury to patients during labor or delivery. These cases can be called birthing injury lawsuits or wrongful birth lawsuits although Florida's laws permit parents to file a malpractice lawsuit in the event of the death of an infant.

In order to prove medical malpractice, the party who suffered must prove that the doctor at fault did not adhere to the standard of care and consideration required by a different health healthcare provider in similar situations. This includes failing to diagnose a serious condition like low levels of oxygen during childbirth which can cause brain damage and cerebral palsy.

Contacting a reputable attorney is the first step to file a lawsuit against birth defects. Many attorneys provide free consultations to prospective clients. If an attorney is convinced that the claim of a client is valid they will go over the medical documents of the client and then hire experts to review the evidence. They can also assist in the preparation of documents and filing the medical malpractice suit within time.

Expert Witnesses

In cases involving birth injuries, it is crucial to have medical experts that can explain to jurors the medical practices and procedures. However, expert witnesses aren't easy to work with as they must carefully examine massive amounts of information and be able to make decisions based upon facts rather than opinions. They should also be prepared to testify on evidence that might contradict their opinion.

In the Daubert case the plaintiffs' experts suggested that Bendectin contributed to their child's birth defects. The judge concluded that the evidence was at the "cutting edge of research in science, where reality meets theory, and certainty transforms into probabilities." However, the judge did not believe there was enough evidence to prove that Bendectin doubled a baby's chance of developing birth defects.

The Daubert ruling was a setback for plaintiffs, who had filed a lawsuit against pharmaceutical companies to try and win justice. However, there are numerous avenues that the injured party could pursue a lawsuit for birth defects.

A Philadelphia birth defect attorney can assist those suffering from birth defects to determine whether they have a case. Lawyers can determine if an individual plaintiff is eligible to file a lawsuit individually or as part of an action class. In certain cases lawyers can bring a lawsuit on behalf of a birth injury as part an interdistrict litigation. Fill out the form to receive a private and free consultation with an attorney.

Representation

Modern technology and birth defects recent advancements in the medical field may have decreased the risk of complications that can occur during pregnancy and childbirth, but they're still not completely eliminated. If a birth defect attorneys defect or injury occurs, and the cause was preventable, parents may seek legal action to cover costs related to treatment.

Medical negligence claims are usually result from a doctor's inability diagnose or treat a disease. A doctor birth defects might fail to conduct an ultrasound or make a mistake during surgery, resulting in birth defects such as spina bifida. Birth defects can be caused by improper medication that is taken by the mother, or exposure to chemicals or other environmental dangers that can affect 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 birth defects can significantly diminish a baby's life expectancy or lead to an enormous amount of medical costs.

Contact an attorney for birth defects immediately if you believe your child's birth injury or defect was the result of medical negligence or negligence during labor or pregnancy. A lawyer can assist you identify your options and file a claim before the time limit expires. A lawyer can also negotiate a settlement with the parties responsible for the injuries suffered by your child.