Why Birth Defect Claim Is The Right Choice For You

How to File a Birth Defect Lawsuit

Modern technology and medicine have dramatically reduced the risks of childbirth. Birth defects or injuries still occur frequently.

A birth defect lawsuit seeks reimbursement for your child's medical expenses, educational costs, and other expenses. You must prove that the medical professional in question has violated the standard medical treatment prior to or during the pregnancy or birth.

Damages

Pregnancy is among the most exciting and nerve-wracking moments in the life of a mother. Parents want their babies to be perfect, and doctors do everything to prevent birth defects. Inattention to medical issues and negligence can increase the risk of birth defects and injuries. When this happens, a stunned family should consider seeking justice through a birth defect lawsuit.

A successful birth defect lawsuit may result in damages for a multitude of different things. This can include the pain and suffering and loss of consortium, medical expenses and lost earning capacity. The amount of damages a victim receives will depend on the severity of their child's illness and the extent that it has affected with their life quality.

Environmental exposures can lead to birth injuries and birth defects. Studies have proven that certain chemicals such as pesticides, fungicides and lead, as well heavy metals and paints can increase the chance of birth defect attorneys defects. Birth defect lawyers have brought lawsuits against companies that have exposed workers to toxic chemicals, as well against pharmaceutical companies that have made products that cause birth defects in fetuses, such as DES.

If you suspect that medical negligence caused the birth injury or birth defect, lawsuit it is recommended to consult a lawyer for birth defects immediately. In some states, there's only one year to file a medical negligence lawsuit, and waiting more than that may mean losing the chance to receive the justice you are due for the injury your child sustained.

Statute of limitations

A statute of limitations is a law that establishes the deadline for when a person is allowed to file a civil lawsuit. A person who misses an expiration date will lose the right to sue a defendant for damages. Birth injury cases could have more complex statutes of limitations than other kinds of medical malpractice claims.

A lawsuit is usually filed against the doctor or hospital who caused the patient's injuries during labor and birth. These types of cases are typically called birthing injuries lawsuits or wrongful birth suits however, Florida's laws permit parents to bring a medical malpractice lawsuit to bring a child's death.

In a medical malpractice lawsuit the plaintiff must prove that the doctor at fault failed to adhere to the standard of care and consideration other health care providers would have applied in similar circumstances. This includes failing diagnose an illness that is serious, for example, low levels of oxygen during childbirth which could lead to cerebral palsy and brain damage.

The first step in filing a birth defect lawsuit is to contact a skilled attorney. The majority of lawyers offer free consultations and case reviews to potential clients. If an attorney is convinced that the client's claim is legitimate they will go over the medical records of the client and hire experts to assess the evidence. They will also assist with the preparation of documents and file the medical malpractice lawsuit on time.

Expert Witnesses

In a birth injury case it is crucial to have experts who can explain medical practices and procedures before a jury. Expert witnesses can be difficult because they must carefully examine the vast amount of information to make decisions based on fact rather than opinion. Additionally, they must be able to testify regarding facts that could contradict their views.

In the Daubert Case the plaintiffs' expert suggested that Bendectin caused their child's birth defect. The judge found that the evidence was at the "cutting edge of scientific research, where evidence is matched by theory, and certainty turns into probabilities." However, the judge did not believe 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 filed a lawsuit against pharmaceutical companies to get justice. But there are many ways that the injured party could pursue a birth defect lawsuit.

A Philadelphia birth defect attorney can help victims determine whether they're eligible for a claim. A lawyer can assist victims determine if they're qualified to file an individual lawsuit or a class action. In some cases a lawyer may file a birth injury lawsuit as part of multidistrict lawsuit (MDL). To start complete the form on this page to request a an unreserved and confidential consultation with a professional lawyer.

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. Parents may pursue legal action if they suffer a birth defect or birth injury occurs, and the cause could have been avoided.

Medical negligence claims tend to be based on a doctor's failure diagnose or treat a condition. For instance, a physician could neglect to perform an ultrasound test or make a mistake during surgery, lawsuit resulting in a birth defect like spina bifida. Other common causes of a birth defect lawsuit include inadequate 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 the newborn's body that can affect their health, appearance and function. In some instances birth defects can shorten a baby's lifespan or cause major medical expenses.

If you think your child's birth defect or injury was due to negligence or medical malpractice during labor or pregnancy seek out a qualified birth defect lawyer today. A lawyer can assist you to determine your options and make a claim prior to the statute of limitations runs out. A lawyer may also be in a position to negotiate an agreement on behalf of you with the responsible parties for your infant's injury.