5 Birth Defect Claim Projects For Any Budget

How to File a Birth Defect Lawsuit

Modern medical and technological advances have significantly reduced the risk of childbirth. Birth defects or injuries occur frequently.

A birth defect lawsuit seeks to recover for medical expenses of your child as well as educational costs and other expenses. You must prove that the medical professional involved has violated the standard medical care prior to or during the birth or during pregnancy.

Damages

Pregnancy is one of the most exciting and stressful times in a parent's life. Parents want their babies to be perfect, and doctors strive to do their best to prevent birth defects from happening. Medical negligence and carelessness can increase the risk for birth defects and injuries. Families who are shocked by this situation should consider the possibility of suing over a birth defect.

A successful birth defect suit can result in damages for many different things. This includes pain and suffering for the victim, loss of consortium and medical expenses, in addition to loss of earning capacity. The amount of damages a victim will receive will depend on the severity of their child's medical condition and the extent to which it has interfered with their quality of life.

Environmental exposures can cause birth defects and birth injuries. Studies have revealed that certain chemicals like fungicides, pesticides and lead, as well paints, and heavy metals can increase the likelihood of birth defects. Birth defect lawyers have filed suits against businesses that have exposed workers to hazardous chemicals, as well as against pharmaceutical companies who have manufactured products that cause birth defects in fetuses such as DES.

If you suspect that medical negligence caused the birth injury of your child or birth defect law firm defect, consult a lawyer for birth defects immediately. In some states, you only have one year to file a medical malpractice lawsuit, birth defect lawyers and waiting more than that may 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 defines the time frame for which a person has to file a civil suit. Anyone who fails to meet a deadline loses the right to sue a defendant for damages. Birth injury cases can have more complicated statutes of limitations than other kinds of medical malpractice claims.

A lawsuit is typically filed against the doctor or the hospital who caused the patient's injuries during labor and birth. These cases are sometimes referred to as birthing injury lawsuits or wrongful birth lawsuits however Florida's laws allow parents to file a malpractice suit for the death of a child.

In a medical malpractice lawsuit, the injured party must prove that the doctor at fault was not adhering to the standards of care and consideration that any other medical professional would have used in similar circumstances. This includes failing diagnose serious conditions like low oxygen levels in childbirth which could lead to cerebral palsy and brain damage.

Contacting a reputable attorney is the first step towards filing a lawsuit for birth defects. The majority of lawyers offer 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 assess the claims. They will also assist in preparing documents and file the medical malpractice lawsuit on time.

Expert Witnesses

In a case that involves birth injuries, it is vital to be able to have medical experts explain to a jury the medical procedures and practices. Expert witnesses can be difficult as they must scrutinize a large amount of information in order to make a decision based on facts, not opinion. In addition, they must be able to testify regarding things that may contradict their opinions.

In the Daubert Case the plaintiffs' expert suggested that Bendectin was responsible for the birth defect of their child. The judge found that the evidence was at the "cutting edge of scientific research, where evidence meets theory and certainty dissolves into probability." However the judge did believe that there was sufficient evidence that Bendectin doubled a baby's risk of developing birth defects.

The Daubert ruling was a setback for the plaintiffs, who had sued pharmaceutical companies to try and achieve justice. There are many avenues for the injured party could pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer can provide victims with advice on whether they're eligible for claims. A lawyer can help plaintiffs determine if they are eligible to file a personal lawsuit or a class action. In some instances an attorney may be able to start a lawsuit for birth injuries as part multidistrict litigation. Please fill out the form below to receive a confidential and free consultation with an attorney.

Representation

Modern technology and recent advancements in the field of medicine could have reduced 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 is preventable, parents may seek legal action to pay for the costs associated with treatment.

Medical negligence claims are typically due to a doctor's failure to identify or treat an illness. For example, a physician may fail to conduct an ultrasound screening or make mistakes during surgery, which could result in a birth defect similar to spina bifida. Other causes that can lead to birth defect lawsuits 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 a newborn's body, and affect their health, function and appearance. In certain cases birth defects can decrease the lifespan of a baby or result in major medical expenses.

Contact a birth defect lawyer now if you believe the birth defect or birth injury was caused by medical negligence or carelessness during labor or birth. A lawyer can assist you in understanding your options and assist you submit a claim prior to the statute of limitations expiring. A lawyer can also negotiate an agreement with the responsible parties for the injury of your child.