Birth Defect Claim Strategies From The Top In The Industry

How to File a Birth Defect Lawsuit

Modern medicine and technology have greatly reduced the risks of childbirth. However, birth defects or injury can still happen frequently.

A birth defect lawsuit seeks reimbursement for your child's medical expenses or educational costs, among other losses. You must prove that the medical professional who was involved violated the standard care prior to or during the pregnancy or Bellflower Birth defect law firm.

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 strive to do everything possible to prevent birth defects from happening. Unfortunately, carelessness and negligence on the part of medical professionals can increase the risk of birth injuries and defects. In the event of this happening the family of the victim may want to seek justice through a birth defect lawsuit.

A successful birth defect suit can result in damages for many different things. This includes suffering and pain for the victim as well as loss of consortium and medical expenses, as well as 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 quality of living.

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

If you think your child's birth defect or birth injury was caused by medical malpractice, you should speak with a skilled birth defect lawyer as soon as you can. In some states, you have only one year to file a lawsuit for medical malpractice. If you put off filing a lawsuit for a longer period this could mean that your child will never receive the justice they deserve.

Statute of Limitations

A statute of limitations is a law that defines the time limit for a person to file an action in civil court. Anyone who fails to meet a deadline loses the right to sue a defendant for damages. Birth injury cases can have a more complicated time limit than other medical malpractice claims.

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

In a medical malpractice case, the injured party must prove that the doctor at fault was not adhering to the standard of care and consideration that other health care providers would have utilized in similar circumstances. This includes failing diagnose a serious illness, such as low oxygen levels during childbirth that can cause cerebral palsy and brain damage.

Contacting a qualified attorney is the first step to file a lawsuit for birth defects. Most attorneys offer free consultations to potential clients. If the attorney believes a client has a valid claim, they will review medical records and Bellflower Birth Defect Law Firm engage experts to review their credibility. They will also help prepare documents and file the medical malpractice suit on time.

Expert Witnesses

In a birth injury case it is crucial to have experts who can explain medical procedures and practices before a jury. However, expert witnesses can be difficult to work with because they must scrutinize huge quantities of information and be able to make decisions based on evidence rather than their opinions. Additionally, they must be prepared to testify about facts that could contradict their opinions.

In the Daubert Case, the plaintiffs' expert believed that Bendectin was the cause of the birth defect in their child. The judge concluded that the evidence was "at the cutting edge of research in science where fact meets theories and certainty transforms into probabilities." However the judge did not believe there was sufficient evidence to prove that Bendectin caused birth defects.

The Daubert decision was a blow to plaintiffs who had filed lawsuits against pharmaceutical companies in an attempt to get justice. There are many ways for a person who has suffered injury to file a lawsuit for the birth defect.

A Philadelphia birth defect lawyer can provide victims with advice about whether they have a right to sue. Lawyers can determine if a plaintiff is eligible to file a lawsuit on their own or as part of an action class. In certain cases, an attorney can file a lawsuit for birth injuries as part a multidistrict lawsuit. To get started complete the form here for an unreserved and confidential consultation with a reputable lawyer.

Representation

Modern technology and recent advancements in medicine may have reduced the risk of complications occurring during pregnancy and childbirth but they're not entirely eliminated. Parents can pursue legal action if a birth injury or defect occurs, and the reason could have been avoided.

Medical negligence claims tend to be due to a doctor's failure to diagnose or treat an illness. For example, a physician may not perform an ultrasound exam or make mistakes during surgery, resulting in a birth defect, such as spina bifida. Birth defects can also be caused by improper medication taken by the mother or exposure to chemicals or other environmental hazards during the baby's development during the womb.

A birth defect may affect any part of the body of a newborn, affecting their health, appearance and performance. In some cases birth defects can shorten the life span of a child or trigger significant medical costs.

If you believe the birth defect or injury is the result of medical malpractice or negligent care during labor or pregnancy seek out a qualified birth defect attorney today. A lawyer can assist you in understanding your options and assist you submit a claim prior to the time limit expiring. A lawyer might also be able to negotiate an agreement on your behalf with the parties accountable for your infant's injury.