Birth Defect Claim 101: Your Ultimate Guide For Beginners

How to File a Birth Defect Lawsuit

Modern medicine and technology have greatly reduced the risk of childbirth. However, birth defects or injury is still a common occurrence.

A birth defect lawsuit seeks reimbursement for your child's medical expenses, educational costs, and other losses. To pursue such a claim, you need to establish that medical professionals did not meet the standard of care prior to pregnancy or during the delivery.

Damages

Pregnancy can be one of the most exciting yet nerve-wracking times in a parent's lifetime. Parents want their babies to be perfect and doctors do everything they can to prevent birth defects. Medical negligence and carelessness could increase the risk for birth defects and injuries. If this happens, a stunned family may want to seek justice through a birth defect lawsuit.

A successful birth defect lawsuit could result in damages for a number of different things. These include a victim's pain and suffering as well as loss of consortium, medical expenses and lost earning capacity. The amount of damages a victim will receive will depend on the severity of their child's condition and the extent to which it has affected with their quality of life.

Birth defects and birth injuries can be caused by a number of causes, including exposure to environmental factors. Research has shown that certain chemicals like fungicides, pesticides, lead, heavy metals and paints can increase the chance of birth defects. Birth defect lawyers have filed lawsuits against companies that have exposed workers to these toxic chemicals, as well against pharmaceutical companies that have developed drugs that can cause birth defects in fetuses, like DES.

If you suspect that your child's birth defect or injury is the result of medical malpractice, it is important to consult a reputable birth defect lawyer as quickly as you can. In some states, you are given one year to file a lawsuit for medical malpractice. If you wait, it could mean that your child will never receive the justice they deserve.

Statute of Limitations

A statute of limitations is a law that determines the time frame for which a person has to file a civil claim. If a person fails to meet the deadline will lose the right to claim damages against a defendant. Birth injury cases can have a more complicated statute of limitations than other medical malpractice claims.

A lawsuit is usually filed against the hospital or doctor who caused injury to an individual during labor and birth. These cases are often called 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 negligence, the person who was injured will need to show that the doctor at fault did not follow the standards of care and consideration expected by another health healthcare provider in similar situations. This includes failing to diagnose a serious illness, Birth defect lawsuits such as low oxygen levels in childbirth which can lead to cerebral palsy and brain damage.

Contacting a qualified attorney is the first step to file an action for birth defects. A majority of attorneys offer free consultations and case review to potential clients. If the attorney believes that a client has a valid claim, they will look over medical records and employ experts to examine the case. They will also assist in preparing documents and filing the medical malpractice lawsuit within time.

Expert Witnesses

In a case with birth injuries, it is crucial to have medical experts who are able to provide a jury with the medical procedures and practices. Expert witnesses can be difficult to testify because they must scrutinize a vast amount of data to be able to make decisions that are based on evidence rather than opinion. They should also be able to testify about facts that might contradict their beliefs.

In the Daubert Case, the plaintiffs' expert believed that Bendectin was responsible for their child's birth defect. The judge ruled that the evidence was "at the cutting edge of scientific research, where evidence meets theories and certainty dissolves into probabilities." However the judge did not believe there was enough evidence to conclude that Bendectin caused birth defects.

The Daubert ruling was a setback to the plaintiffs who had sued pharmaceutical companies in order to get justice. There are a variety of avenues for an injured party to bring a lawsuit based on the birth defect.

A Philadelphia birth defect attorney can assist victims in determining if they have a case. A lawyer can decide if the plaintiff is able to file a suit on their own or as part of an action class. In some instances lawyers can make a claim for birth injuries as part a multidistrict lawsuit. Fill out the form below to receive a private and birth defect Lawsuits free consultation with an attorney.

Representation

Although modern technology and recent advances in medicine have drastically reduced the chance of complications during pregnancy and childbirth However, they aren't eliminated. Parents can pursue legal action if they suffer a birth defect or birth injury occurs, and the cause could have been avoided.

Medical negligence claims typically stem from a doctor's failure to recognize or treat a condition. A physician may not perform an ultrasound or make a mistake in surgery, resulting in birth defects, such as spina bifida. Other causes that can lead to birth defect lawsuits include an ineffective medication for the mother or exposure to chemicals or other environmental hazards when the baby develops in the womb.

A birth defect can affect any part of a newborn's body. It can impact their health, function and appearance. In some instances birth defects can decrease the life expectancy of a newborn or lead to substantial medical expenses.

Contact a birth defect lawyer immediately if you believe the birth injury or defect was the result of medical negligence or mistakes during labor or pregnancy. A lawyer can help explain your options and help make a claim before the statute of limitations expiring. A lawyer can also negotiate a settlement with the parties responsible for the injury of your infant.