The Myths And Facts Behind Birth Defect Claim

How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have greatly reduced the risk of birth. Birth defects or injuries occur frequently.

A birth defect lawsuit seeks to pay your child's medical expenses, education costs and other losses. To be able to pursue a claim, you must prove that a medical professional violated the standard of care prior to or during pregnancy, or the birth of your child.

Damages

Pregnancy can be one of the most exciting, but nerve-wracking moments in the life of a parent. Parents want their babies to be perfect, and doctors work to do all they can to stop birth defects from occurring. However, carelessness and negligence on the part of medical professionals can increase the risk of birth injuries and defects. 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 can include the pain and suffering, loss of consortium, medical expenses and lost earning capacity. The amount of the damages a victim is awarded will depend on the degree of their child's health and the extent to which it has affected with their quality of life.

Environmental exposures can cause birth defects and birth defect law firm injuries. Research has shown that pesticides such as lead and fungicides as well as heavy metals, paints, and heavy metals, can increase the risk of birth defects. Birth defect lawyers have brought suits against businesses that have exposed workers to hazardous chemicals, as well as against pharmaceutical companies that have produced drugs that could cause birth defects in fetuses, such as DES.

If you think your child's birth defect or birth injury was the result of medical negligence, you must 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 delay this could mean that your child will never get the justice they deserve.

Statute of Limitations

A statute of limitations is a law which establishes the time limit for a person to file an action in civil court. If a person fails to meet the deadline, they will lose the right to collect damages from the defendant. Birth injury claims may have a more complicated statute of limitations than other medical malpractice claims.

A lawsuit is typically brought against the hospital or doctor that caused an injury to patients during labor or delivery. These cases are usually called birthing injuries lawsuits or wrongful birth suits, though Florida's laws allow parents to file a medical malpractice suit for an infant's death.

To prove medical malpractice, the victim will need to show that the doctor who was at fault did not adhere to the standard of care or consideration required by a different health care provider in similar circumstances. This includes failing to diagnose serious conditions like low oxygen levels in childbirth that can cause cerebral palsy and brain damage.

Contacting a reputable attorney is the first step to filing an action for birth defects. A majority of attorneys offer free consultations to prospective clients. If the lawyer believes that a client has a valid claim, they will look over medical records and hire expert witnesses to assess their credibility. They will also assist in preparing documents and filing the medical malpractice lawsuit in time.

Expert Witnesses

In the case of a birth injury it is essential to have experts who can explain medical procedures and practices before a jury. Expert witnesses can be difficult as they must scrutinize a vast amount of data to make decisions based on facts, not opinion. Furthermore, they should be willing to testify on facts that might conflict with their opinions.

In the Daubert case, the plaintiffs' experts claimed that Bendectin contributed to birth defects for birth defect lawyers their child. The judge ruled that the evidence was "at the cutting-edge of scientific research, where science meets theories, and certainty dissolves into probabilities." However, he did not believe there was sufficient evidence to prove that Bendectin caused birth defects.

The Daubert decision was a blow to plaintiffs that had filed lawsuits against pharmaceutical companies in an effort to obtain justice. But there are many avenues for an injured person can pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer can advise victims on whether they're eligible for a claim. Lawyers can assist clients determine if they're qualified to file a personal lawsuit or a class action. In some cases an attorney may be able to make a claim for birth injuries as part of a multidistrict litigation. To start by filling out the form here for an unreserved and confidential consultation with a qualified attorney.

Representation

Although the latest technology and advancements in the medical field have drastically reduced the chance of complications during childbirth and pregnancy however, they are not completely eliminated. When a birth defect or injury occurs and the cause was preventable parents can pursue legal action to recover the costs related to treatment.

Medical negligence claims are often based on a doctor's failure diagnose or treat an illness. A doctor might fail to diagnose an ultrasound or make a mistake during surgery, resulting in birth defects like spina bifida. Other causes that can lead to a birth defect lawsuit include insufficient medication for the mother or exposure to chemicals or other environmental hazards as the baby develops 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 defects can shorten the lifespan of a baby or result in substantial medical expenses.

If you think your child's birth defect or injury was caused by negligence or medical malpractice during labor or birth, contact a qualified birth defect lawyer today. A lawyer can help explain your options and assist you make a claim before the deadline for filing. A lawyer might also be competent to negotiate a settlement on behalf of you with the responsible parties for the injuries your infant sustained.