Birth Defect Claim Tips From The Top In The Business

How to File a Birth Defect Lawsuit

Modern technology and advancements in medicine have dramatically reduced the risk of the birth of a child. Birth defects or injuries continue to occur frequently.

A birth defect lawsuit seeks compensation for medical expenses of your child or educational costs, among other losses. To pursue a claim, you need to prove that medical professionals violated the standard of medical care prior to pregnancy or delivery.

Damages

Pregnancy is one of the most exciting and stressful times in a parent's life. Parents want their children to be perfect, and doctors work to do their best to prevent birth defects from happening. Unfortunately, carelessness and negligence on the part of medical professionals can increase the risk of birth defects and injuries. In the event of this happening, a stunned family ought to consider pursuing 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 along with loss of consortium and medical expenses, not to mention lost earning capacity. The amount of compensation a victim will receive depends on the severity of the child's medical condition, and how much it has affected their standard of living.

Environmental exposures can lead to birth defects and birth injuries. Research has shown that certain chemicals, like fungicides, pesticides and lead, as well as paints and heavy metals can increase the chance of birth defects. Birth defect lawyers have brought suits against companies that exposed workers to these harmful chemicals, and also against pharmaceutical companies who have manufactured drugs that can cause birth defects in fetuses, such as DES.

If you suspect that medical malpractice caused your child's birth injury or birth defect, you must seek out a birth defect lawyer immediately. In some states, there's only one year to file a medical malpractice suit, and if you wait longer than that may mean losing your chance to obtain the justice you need for your child's injuries.

Statute of Limitations

A statute of limitation is a law that establishes the deadline for someone to file a civil lawsuit. A person who misses a deadline loses the right to seek damages from a defendant. Birth injury cases could have more complex statutes of limitations than other types of medical malpractice cases.

A lawsuit is usually filed against the doctor or hospital that caused a patient's injuries during labor and birth. These cases can be referred to birthing injury suits or wrongful birth lawsuits however, Florida's laws allow parents to file a malpractice lawsuit in the event of the death of a baby.

In order to prove medical malpractice, the victim must prove that the doctor who was at fault was not able to meet the standard of care or consideration expected by another health healthcare provider in similar situations. This includes not being able to identify a serious illness, such as low levels of oxygen during childbirth that result in cerebral palsy or brain damage.

The first step to file a birth defect lawsuit is to get in touch with an experienced attorney. Most attorneys offer free consultations for potential clients. If the lawyer believes that a client has a valid case, they will look over medical records and employ experts to evaluate the case. They can also assist in the preparation of documents and file the medical malpractice lawsuit in time.

Expert Witnesses

In the case of a birth injury, it is important to have experts who can explain medical practices and procedures to jurors. Expert witnesses aren't easy to work with as they must scrutinize huge amounts of data and be able to make decisions based on the facts rather than opinions. In addition, they must be able to testify regarding facts that could contradict their opinions.

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

The Daubert decision was a blow to plaintiffs who had sued pharmaceutical companies in seeking justice. There are many ways that an injured party may pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer can help victims on whether they're eligible for a right to sue. A lawyer can determine if an individual plaintiff is eligible to pursue a lawsuit by themselves or as part of a class action. In certain cases, a lawyer can start a lawsuit for birth injuries as part of multidistrict litigation (MDL). Fill out the form below to get a confidential and free consultation with an attorney.

Representation

Although modern technology and recent advances in medicine have drastically reduced the chance of complications during childbirth and pregnancy however, they are not completely eliminated. If a birth defect or injury occurs, and the cause was preventable parents may pursue legal action to cover costs related to treatment.

Medical negligence claims typically result from a doctor's inability to diagnose or treat a problem. For example, a physician may not perform an ultrasound examination or make a mistake during surgery, which could result in a birth defect similar to spina bifida. Other common causes of a birth defect lawsuit are inadequate medication for the mother or exposure to chemicals or other environmental dangers while the baby is developing in the womb.

A birth defect can affect any part of the body of a newborn and affect their appearance, health, and functioning. In some cases birth defects may reduce a baby's lifespan or cause significant medical expenses.

Contact a birth defect lawyer today if you suspect that the birth defect or birth injury was caused by medical negligence or malpractice during pregnancy or labor. A lawyer can assist you discover your options and submit a claim before the statute of limitations expires. A lawyer may also be in a position to negotiate the settlement on behalf of you with the parties accountable for the injuries your infant sustained.