Birth Defect Claim Tools To Help You Manage Your Daily Life

How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have drastically reduced the risk of childbirth. However, birth defects or injury still occurs frequently.

A birth defect lawsuit seeks to compensate your child for medical expenses, education costs as well as other losses. To be able to pursue a claim, you must prove that a medical professional did not meet the standard of care prior to pregnancy or the birth of your child.

Damages

Pregnancy is one of the most exciting and nerve-wracking times in a parent’s life. Parents want their babies to be perfect and doctors do everything possible to avoid birth defects. Unfortunately, carelessness and birth defect lawyers negligence on the part of medical professionals can increase the risk of birth injuries and defects. A family that is stricken by this circumstance should think about taking legal action to remedy a birth defect.

A successful birth defect lawsuit could result in damages for many different things. These include a victim’s pain and suffering, loss of consortium, medical expenses, and loss of earning capacity. The amount of damages that the victim will receive is contingent on the degree of the child’s health, and how much it has affected their quality of life.

Birth injuries and birth defects can be caused by a number of factors which include exposure to environmental factors. Studies have revealed that certain chemicals like fungicides, pesticides, lead, heavy metals and paints can increase the risk of birth defects. Birth defect lawyers have brought lawsuits against companies that exposed workers to these toxic chemicals, as well against pharmaceutical companies that have developed medications that can cause birth defect lawsuits defects in fetuses, such as DES.

If you suspect that your child’s birth defect, or birth injury was the result of medical negligence, you must speak with a skilled birth defect lawyer as soon as possible. In some states, you only have one year to file a suit for medical malpractice. If you wait and you don’t, your child will never get the justice they deserve.

Statute of limitations

A statute of limitations is a law that defines the deadline for when a person is allowed to file a civil claim. Anyone who fails to meet a deadline loses the right to claim damages against a defendant. Birth injury cases could have more complicated statutes of limitations than other types of medical malpractice claims.

A lawsuit is usually filed against the hospital or doctor that caused a patient’s injuries during labor and delivery. These cases are often referred to as birthing injury lawsuits or wrongful birth suits although Florida’s laws allow parents to file a medical malpractice suit to bring a child’s death.

In order to prove medical negligence, the person who was injured must prove that the doctor at fault did not adhere to the standard of care or consideration expected by another health care provider in similar circumstances. This includes failing to recognize a serious condition like low levels of oxygen in the childbirth process which can cause brain damage and cerebral palsy.

The first step in filing a birth defect lawsuit is to speak with an experienced attorney. Most attorneys offer free consultations 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 in preparing documents and file the medical malpractice lawsuit in time.

Expert Witnesses

In a case involving a birth injury it is essential to have experts who can explain medical practices and procedures to jurors. Expert witnesses aren’t easy to work with because they have to carefully review huge amounts of evidence and make decisions based on facts rather than their opinions. Additionally, they must be willing to testify about facts that might conflict with their beliefs.

In the Daubert case, the plaintiffs’ experts suggested that Bendectin contributed to birth defects for their child. The judge concluded that the evidence was «at the forefront of scientific research where fact meets theories and certainty transforms into probabilities.» However the judge did not believe there was enough evidence that Bendectin caused birth defects.

The Daubert decision was an affront to plaintiffs who had filed lawsuits against pharmaceutical companies in an effort to obtain justice. There are various ways in which an injured person can pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer can help victims about whether they are eligible for a claim. A lawyer can determine whether a plaintiff is eligible to pursue a lawsuit by themselves or as part of a class action. In certain cases, an attorney can bring a lawsuit on behalf of a birth injuries as part of a multidistrict lawsuit. Fill out the form to receive a private and free consultation with an attorney.

Representation

While 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 [empty] injury occurs, and the cause is preventable, parents may seek legal action to cover costs associated with treatment.

Medical negligence claims are often result from a doctor’s inability diagnose or treat a condition. A doctor might not perform an ultrasound or make a mistake during surgery, leading to birth defects, such as spina bifida. Birth defects can 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 in the womb.

A birth defect can affect any part of a newborn’s body. It can affect their health, functioning and appearance. In certain instances the birth defect could severely reduce a baby’s life expectancy or result in an enormous amount of medical expenses.

Contact a birth defect lawyer now if you believe your child’s birth injury or defect was caused by medical negligence or mistakes during labor or pregnancy. A lawyer can assist you in understanding your options and assist you make a claim prior the statute of limitation expiring. A lawyer might also be competent to negotiate a settlement on behalf of you with the responsible parties for the injuries your infant sustained.