20 Birth Defect Claim Websites Taking The Internet By Storm

How to File a Birth Defect Lawsuit

Modern medicine and technology have greatly decreased the risks of childbirth. However, birth defects or injury can still happen frequently.

A birth defect lawsuit seeks to pay your child's medical expenses, educational costs as well as other losses. You must prove that the medical professional in question breached the standard of treatment during or prior to the birth or delivery.

Damages

Pregnancy is one of the most exciting and nerve-wracking experiences a parent can experience. Parents want their children to be perfect, and doctors try to do their best to prevent birth defects from occurring. Unfortunately, carelessness and negligence on the part of medical professionals can increase the risk of birth defects and injuries. 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 multitude of different things. This can include pain and suffering for the victim, loss of consortium and medical expenses, in addition to lost earning capacity. The amount of damages a victim receives will depend on the severity of their child's condition and the extent that it has affected with their life quality.

birth defect law firm defects and birth injuries can be caused by a number of causes such as exposure to environmental factors. Studies have revealed that pesticides like lead and fungicides, as well heavy metals, paints, and heavy metals, can increase the risk 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 products that 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 have only one year to file a medical negligence suit, and waiting longer than that could result in losing the chance to receive the justice you need for your child's injuries.

Statute of limitations

A statute of limitations is a law that establishes the time frame for which a person has to file a civil lawsuit. If a claimant fails to file by the deadline, they lose the right to claim damages from a defendant. Birth injury cases may have more complex statutes of limitations than other types of medical malpractice claims.

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

In a medical malpractice lawsuit the victim must prove that the doctor at fault was not adhering to the standard of care and consideration another medical professional would have applied in similar circumstances. This includes failing in diagnosing an illness of serious severity such as low oxygen levels during childbirth that cause cerebral palsy or brain damage.

The first step to file a birth defect lawsuit is to speak with an experienced attorney. A majority of attorneys offer free consultations and reviews of cases to prospective clients. If the attorney is convinced that a client has a valid claim, they will examine medical records and appoint experts to examine the evidence. They can also assist in the preparation of documents and filing the medical malpractice lawsuit in time.

Expert Witnesses

In cases that involves birth injuries, it is essential to have medical experts that can explain to a jury the medical procedures and practices. Expert witnesses can be difficult since they have to scrutinize a large amount of information in order to make a decision based on facts, not opinion. Furthermore, they should be able to testify regarding information that might contradict their positions.

In the Daubert Case, the plaintiffs' expert claimed that Bendectin is the reason for their child's birth defect. The judge found 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 that there was sufficient evidence to support the claim that Bendectin increased the chance of developing birth defects.

The Daubert ruling was a setback for birth defect lawsuits plaintiffs, who had filed a lawsuit against pharmaceutical companies to try and achieve justice. There are many avenues for a victim to bring a lawsuit based on the birth defect.

A Philadelphia birth defect attorney can help victims determine whether they have a case. Lawyers can determine if an individual plaintiff is eligible to file a lawsuit individually or as part of a class action. In certain cases lawyers can start a lawsuit for birth injuries as part an interdistrict litigation. Fill out the form below to receive a confidential and free consultation with an attorney.

Representation

Modern technology and recent advances in medical technology may have reduced the risk of complications occurring during childbirth and pregnancy, but they're not entirely eliminated. Parents can take legal action if they suffer a birth defect or birth injury occurs, and the cause could have been avoided.

Medical negligence claims often stem from a doctor's failure to diagnose or treat a condition. Physicians may fail to conduct an ultrasound or make a mistake in surgery, leading to birth defects like spina bifida. Other common causes of birth defect lawsuits include an ineffective medication for the mother or exposure to chemicals or other environmental hazards while the baby is developing in the womb.

A birth defect can affect any part of the newborn's body which can affect their health, appearance and functionality. In certain instances the birth defect can severely reduce a baby's lifespan or result in a significant amount of medical costs.

Contact a birth defect lawyer today if you suspect that your child's birth injury or defect was caused by medical negligence or mistakes during labor or pregnancy. A lawyer can assist you understand your options and submit a claim before the statute of limitations runs out. A lawyer might also be in a position to negotiate settlements on your behalf with the responsible parties for your child's injuries.