10 Things Everybody Gets Wrong About The Word "Birth Defect Claim."

How to File a Birth Defect Lawsuit

Modern medical and technological advances have significantly reduced the risks of childbirth. 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 file a claim, you must demonstrate that medical professionals violated the standard of medical care before or during pregnancy or during the delivery.

Damages

Pregnancy is one of the most exciting and stressful moments in the life of a parent. Parents want their babies to be perfect, and doctors strive to do their best to stop birth defects from happening. However, carelessness and negligence on the part of medical practitioners can increase the chance of birth injuries and defects. When this occurs families that are shocked should consider seeking justice through a birth defect lawsuit.

A successful birth defect lawsuit could result in damages for a variety of different things. This includes the victim's pain and suffering as well as loss of consortium, medical expenses and birth defect lawyers lost earning capacity. The amount of damages a victim will receive depends on the severity of the child's illness, and how much it has affected their quality of life.

Environmental exposures can result in birth injuries and birth defects. Studies have shown that certain chemicals, like fungicides, pesticides, lead, paints and heavy metals may increase the risk of birth defects. Birth defect lawyers have filed lawsuits against companies that have exposed workers to these harmful chemicals, and against pharmaceutical companies who have manufactured drugs that can cause birth defects in fetuses such as DES.

If you suspect that your child's birth defect, birth defect lawyers or birth injury was caused by medical malpractice, it is important to seek out a skilled birth defect lawyer as soon as you can. In certain states, you have only one year to file a medical negligence suit, and waiting longer than that could mean losing the chance to receive the justice you have earned for your child's injury.

Statute of Limitations

A statute of limitations is a law that sets the deadline for someone to file a civil lawsuit. If a person misses the deadline, they lose their right to recover damages from the defendant. Birth injury claims have a more complicated statute of limitations than other medical malpractice claims.

A lawsuit is typically filed against the medical professional or hospital that caused injuries to a patient during labor and birth. These cases are sometimes referred to birthing injury lawsuits or wrongful birth lawsuits, however Florida's laws allow parents to file a malpractice suit in the event of the death of an infant.

To prove medical negligence, the person who was injured will need to show that the doctor responsible was not able to meet the level of care and consideration expected by another health medical professional in similar circumstances. This includes failing to diagnose an illness of serious severity such as low levels of oxygen during childbirth that can cause cerebral palsy and brain damage.

The first step in filing a birth defect lawsuit is to speak with a skilled attorney. The majority of lawyers offer free consultations for potential clients. If an attorney believes the claim of a client is valid they will examine the medical documents of the client and hire experts to evaluate the evidence. They can also assist in the preparation of documents and filing the medical malpractice lawsuit on time.

Expert Witnesses

In cases with birth defect lawyers injuries, it's essential to have medical experts that can explain to a jury the medical procedures and practices. However, expert witnesses aren't easy to work with since they must scrutinize huge amounts of data and be able to make decisions based on facts rather than opinions. In addition, they must be able to testify regarding facts that might conflict with their beliefs.

In the Daubert Case the plaintiffs' expert claimed that Bendectin is the reason for their child's birth defect. The judge concluded that the evidence was at the "cutting edge of research in science, where fact meets theory and certainty dissolves into probability." However, the judge did not believe there was sufficient evidence that Bendectin doubled the chances of developing birth defects.

The Daubert decision was an affront to plaintiffs who had filed lawsuits against pharmaceutical companies in the hope of obtaining justice. There are numerous avenues an injured person can seek a legal action over the birth defect.

A Philadelphia birth defect lawyer can assist victims about whether they have an opportunity to file a claim. A lawyer can determine whether the plaintiff is eligible to file a suit on their own or as part of an action class. In certain situations, a lawyer can file a birth injury lawsuit in the context of multidistrict litigation (MDL). Fill out the form below for a confidential and free consultation with an attorney.

Representation

Modern technology and recent advancements in the field of medicine could have decreased the risk of complications that can occur during pregnancy and childbirth, but they're not entirely eliminated. If a birth defect injury occurs and the cause was preventable parents can seek legal action to cover costs associated with treatment.

Medical negligence claims are usually caused by a doctor's inability to diagnose or treat a disease. A doctor might not perform an ultrasound or make a mistake during surgery, leading to birth defects, such as spina bifida. Other common causes of a birth defect lawsuit are inadequate medication for the mother or exposure to chemicals or other environmental dangers while the baby develops in the womb.

A birth defect can affect any part of a newborn's body and impact their health, function and appearance. In some cases, a birth defect can dramatically reduce a child's life expectancy, or cause significant medical expenses.

If you suspect that the birth defect or injury was due to negligence or medical malpractice during labor or pregnancy get in touch with a reputable birth defect attorney today. A lawyer can assist you to identify your options and make a claim prior to the statute of limitations runs out. A lawyer can also negotiate a settlement with the parties accountable for the injuries suffered by your infant.