Your Family Will Thank You For Having This 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. Birth defects or injuries still occur often.

A birth defect lawsuit seeks to compensate your child for medical expenses, educational costs and other damages. To pursue such claims, you must prove that a medical professional breached the standard of care before or during pregnancy or the birth of your child.

Damages

Pregnancy can be one of the most exciting, yet nerve-wracking events during the lifetime of a parent. Parents want their children to be perfect, and doctors strive to do their best to prevent birth defects from occurring. However, carelessness and negligence on the part of medical practitioners can increase the chance of birth defects and injuries. Families who are shocked by this news should think about suing for a birth defect.

A successful birth defect lawsuit could result in damages for a range of different things. This can include pain and suffering for the victim as well as loss of consortium, medical costs, as well as lost earning capacity. The amount of damages the victim will receive is contingent on the severity of the child's medical condition and how much it has affected their standard of living.

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

If you suspect medical malpractice caused your child's birth injury or birth defect, consult a lawyer for birth defects immediately. In certain states, you have only one year to file a suit for medical malpractice. If you put off filing a lawsuit for a longer period and you don't, your child will not receive the justice they deserve.

Statute of limitations

A statute of limitations is a law that establishes the deadline for when a person is allowed to file a civil suit. If a person misses the deadline, they will lose their right to seek damages from a defendant. Birth injury cases can have more complex statutes of limitations than other types of medical malpractice claims.

A lawsuit is usually filed against the medical professional or hospital who caused the patient's injuries during labor and birth defect law firms (https://eugosto.pt/). These cases are usually known as birthing injury lawsuits or wrongful birth suits however, Florida's laws permit parents to make a claim for medical malpractice for an infant's death.

To prove medical malpractice, the victim will need to show that the doctor at fault did not adhere to the standard of care or consideration expected by another health healthcare provider in similar situations. This includes failing to recognize an illness of serious severity like low levels of oxygen in the childbirth process that cause cerebral palsy and brain damage.

Contacting a qualified attorney is the first step to filing a lawsuit against birth defects. Most attorneys offer free consultations to prospective clients. If an attorney believes the claim of a client is legitimate they will look over the medical records of the client and employ experts to assess them. They will also assist in preparing documents and file the medical malpractice lawsuit in time.

Expert Witnesses

In cases involving birth injuries, it is essential to have medical experts who are able to provide a jury with the medical practices and procedures. Expert witnesses aren't easy to work with since they must carefully examine massive amounts of data and make decisions based on facts rather than opinions. They must also be willing to testify on facts that might contradict their position.

In the Daubert case, the plaintiffs' experts claimed that Bendectin was the cause of birth defects for their child. The judge ruled that the evidence was on the "cutting edge of scientific research, where evidence meets theory, and certainty transforms into probabilities." However, the judge did not believe that there was sufficient evidence to support the claim that Bendectin doubled the chances of developing birth defects.

The Daubert ruling was a setback for plaintiffs, who had sued pharmaceutical companies in order to win justice. There are a variety of avenues an injured person can seek a legal action over the birth defect.

A Philadelphia birth defect lawyer can provide victims with advice on whether they have an opportunity to file a claim. A lawyer can determine whether an individual plaintiff is eligible to file a lawsuit individually or as part of an action class. In some instances lawyers can bring a lawsuit on behalf of a birth injuries as part multidistrict 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 decreased the risk of complications occurring during pregnancy and childbirth but they are not completely eliminated. Parents may pursue legal action if they suffer a birth injury or defect occurs, and the cause could have been avoided.

Medical negligence claims are usually due to a doctor's failure to diagnose or treat a disease. For instance, a physician could neglect to perform an ultrasound examination or make an error during surgery, which could result in a birth defect, 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 hazards during the baby's development during the womb.

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

Contact a birth defect lawyer today if you believe that the birth defect or Birth defect law firms injury was caused by medical negligence or malpractice during pregnancy or labor. A lawyer can help understand your options and file a claim before the statute of limitations runs out. A lawyer can also negotiate a settlement with the responsible parties for the injuries suffered by your infant.