Where To Research Birth Defect Claim Online

How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have significantly reduced the risk of the birth of a child. However, birth defects or injury still happens frequently.

A birth defect lawsuit seeks reimbursement for medical expenses of your child or educational costs, among other losses. You must prove that the medical professional who was involved breached the standard of care prior to or during the birth or birth defects during pregnancy.

Damages

Pregnancy can be one of the most exciting but nerve-wracking moments during the lifetime of a parent. Parents want their babies to be perfect, and doctors attempt to do all they can to stop birth defects from occurring. Unfortunately, carelessness and negligence on the part of medical practitioners can increase the risk of birth injuries and birth defects. If this happens families that are shocked should consider seeking justice through a birth defect lawsuit.

A successful birth defect lawsuit can result in damages for a number of different things. This includes pain and suffering for the victim along with loss of consortium and medical expenses, in addition to lost earning capacity. The amount of damages that the victim will be awarded is contingent on the severity of the child's medical condition and how much it has affected their standard of living.

Birth injuries and birth defects can be caused by a variety of factors that include exposure to environmental factors. Studies have revealed that certain chemicals like pesticides, fungicides and lead, as well paints, and heavy metals can increase the likelihood of birth defects. Birth defect lawyers have filed suits against companies that exposed workers to these harmful chemicals, and also against pharmaceutical companies that have made drugs that could cause birth defects in fetuses, like DES.

If you suspect that medical error caused the birth injury of your child or birth defect, consult a lawyer for birth defects immediately. In some states, you only have one year to file a medical malpractice lawsuit, and waiting more than that can mean losing your chance of getting the justice you need for your child's injuries.

Statute of Limitations

A statute of limitations is a law that establishes the time limit for a person to file a civil claim. A person who misses the deadline will lose the right to sue a defendant for damages. Birth injury claims may have a more complicated statute of limitations than other medical malpractice claims.

A lawsuit is usually filed against the doctor or the hospital that caused a patient's injuries during labor and birth. These types of cases are typically referred to as birthing injury lawsuits or wrongful birth suits although Florida's laws allow parents to file a medical malpractice suit for the death of an infant.

In order to prove medical malpractice, the injured party will need to show that the doctor responsible was not able to meet the level of care and consideration required by a different health medical professional in similar circumstances. This includes not being able to identify a serious illness such as low levels of oxygen in the childbirth process that cause cerebral palsy or brain damage.

Contacting a reputable attorney is the first step towards filing a lawsuit for birth defects. Most attorneys offer free consultations to prospective clients. If an attorney is convinced that the client's claim is legitimate they will go over the medical records of the client and then hire experts to analyze them. They can also assist in the preparation of documents and file the medical malpractice lawsuit within time.

Expert Witnesses

In cases which involves birth injuries, it's essential to have medical experts who are able to provide a jury with the medical procedures and practices. Expert witnesses can be difficult since they have to scrutinize the vast amount of information in order to make a decision in accordance with facts rather than opinions. They also have to be willing to testify on facts that may conflict with their opinions.

In the Daubert case the plaintiffs' experts argued that Bendectin contributed to their child's birth defects. The judge ruled that the evidence was on the "cutting edge of research in science, where fact meets theory and the certainty transforms 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 a setback to plaintiffs who had sued pharmaceutical companies in an attempt to get justice. Nonetheless, there are still numerous avenues that an injured person could pursue a lawsuit for birth defects.

A Philadelphia birth defect attorney can assist those suffering from birth defects to determine whether they're eligible for a claim. Lawyers can assist victims determine if they're qualified to file an individual lawsuit or a class action. In certain instances, a lawyer can make a birth injury claim in the context of multidistrict litigation (MDL). To begin you must fill out the form below for a an unreserved and confidential consultation with a licensed attorney.

Representation

While modern technology and recent advances in medicine have drastically reduced the chance of complications during pregnancy and childbirth but they aren't completely eliminated. If a birth defect injury occurs, and the cause was preventable, parents may pursue legal action to recover the costs associated with treatment.

Medical negligence claims are often based on a doctor's failure diagnose or treat a disease. A doctor may not perform an ultrasound or make a mistake in surgery, leading to birth defect law firm defects such as spina bifida. Birth defects can also be caused by improper medication that is taken by the mother, or exposure to chemicals and other environmental dangers that can affect the development of the baby during the womb.

A birth defect may affect any part of the newborn's body which can affect their appearance, health and function. In some instances birth defects can severely reduce a baby's life expectancy or result in an enormous amount of medical expenses.

Contact an attorney for birth defects immediately if you believe your child's birth injury or defect was the result of medical negligence or carelessness during labor or birth. A lawyer can assist you in understanding your options and assist you make a claim prior the statute of limitations expiring. A lawyer can also negotiate a settlement with the parties accountable for the injury suffered by your infant.