10 Things That Everyone Is Misinformed Concerning Birth Defect Claim

How to File a Birth Defect Lawsuit

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

A birth defect lawsuit seeks to compensate your child for medical expenses, education costs, and other losses. You must prove that the medical professional involved did not follow the standard of care during or before the birth or during pregnancy.

Damages

Pregnancy is one of the most exciting and stressful experiences a parent can experience. Parents want their children to be perfect, and doctors try to do everything possible to prevent birth defects from happening. Medical negligence and carelessness could increase the risk of birth defects and injuries. A family that is stricken by this incident should think about suing for a birth defect.

A successful birth defect suit could result in damages for a variety of different things. This includes the victim's pain and suffering as well as loss of consortium, medical expenses, and loss of earning capacity. The amount of damages an individual victim will be awarded depends on the degree of the child's health and how much it has affected their quality of life.

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

If you suspect that medical malpractice caused your child's birth injury or birth defect, consult a birth defect lawyer immediately. In certain states, lawsuits there is only one year to file a medical negligence suit, and waiting longer than that could mean losing your chance to obtain the justice you are due for the injury your child sustained.

Statute of Limitations

A statute of limitations is a law that defines the time frame for which a person has to file a civil action. If someone misses the deadline, they lose the right to claim damages from a defendant. Birth injury cases have more complicated statutes of limitations than other kinds of medical malpractice claims.

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

In order to prove medical malpractice, the victim will need to show that the doctor at fault did not follow the level of care and consideration required by a different health healthcare provider in similar circumstances. This includes failing to diagnose a serious illness, such as low levels of oxygen in the childbirth process which can result in cerebral palsy and brain damage.

Contacting a reputable attorney is the first step to file a lawsuit for birth defects. Many attorneys provide free consultations and reviews of cases to potential clients. If an attorney believes that a client's claim is valid they will look over the medical records of the client, and they will hire experts to analyze the evidence. They will also assist in preparing documents and file the medical malpractice lawsuit on time.

Expert Witnesses

In cases with birth injuries, it is vital to have medical experts who are able to provide a jury with the medical practices and procedures. Expert witnesses can be difficult to testify because they have to carefully review the vast amount of information to be able to make decisions based on facts, not opinion. They should also be prepared to provide evidence on matters which may contradict their opinions.

In the Daubert case, the plaintiffs' experts claimed that Bendectin contributed to birth defects for their child. The judge concluded that the evidence was on the "cutting edge of research in science, where fact meets theory, and certainty transforms into probabilities." However the judge did believe there was sufficient evidence to prove that Bendectin doubled the chances of developing birth defects.

The Daubert decision was a setback to plaintiffs who had filed lawsuits against pharmaceutical companies in an effort to obtain justice. There are numerous avenues for a person who has suffered injury to seek a legal action over a birth defect.

A Philadelphia birth defect lawyer can assist those suffering from birth defects to determine whether they're eligible for a claim. A lawyer can assist victims determine if they're eligible to file a lawsuit as an individual or a class action. In some cases an attorney may be able to file a lawsuit for birth injury as part a multidistrict lawsuit. To get started you must fill out the form on this page for an unreserved and confidential consultation with a qualified lawyer.

Representation

Modern technology and recent advancements in medicine may have reduced the risk of complications occurring during childbirth and pregnancy, but they're not entirely eliminated. If a birth defect injury occurs and the cause is preventable, parents may seek legal action to recover the costs related to treatment.

Medical negligence claims tend to be based on a doctor's failure diagnose or treat a disease. Physicians may fail to diagnose an ultrasound or make a mistake during surgery, resulting in a birth defect such as spina bifida. Birth defects can be caused by improper medication taken by the mother, or exposure to chemicals or other environmental dangers during the development of the baby during the womb.

A birth defect can affect any part of the newborn's body which can affect their health, appearance and performance. In some instances birth defects may reduce the life span of a child or trigger substantial medical expenses.

If you suspect your child's birth defect or injury is the result of medical malpractice or negligent care during labor or lawsuits pregnancy seek out a qualified birth defect attorney today. A lawyer can help explain your options and help you submit a claim prior to the time limit expiring. A lawyer can also negotiate an agreement with the parties accountable for the injury of your infant.