20 Birth Defect Claim Websites Taking The Internet By Storm

How to File a Birth Defect Lawsuit

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

A birth defect lawsuit seeks to pay your child's medical expenses, education costs and other damages. To pursue a claim, you need to establish that medical professionals breached the standard of care prior to or during pregnancy, or the birth of your child.

Damages

Pregnancy can be one of the most exciting yet nerve-wracking events during the lifetime of a parent. Parents want their children to be perfect and doctors do their best to avoid birth defects. Medical negligence and inattention can increase the risk of birth defects and injuries. A family who is shocked by this incident should think about taking legal action to remedy a birth defect.

A successful birth defect lawsuit can result in damages for a number of different things. These include a victim's suffering and suffering and loss of consortium, medical expenses, and loss of earning capacity. The amount of compensation an individual victim will be awarded depends on the severity of the child's medical condition and how it has affected their standard of living.

Birth injuries and birth defects can be caused by a number of causes that include environmental exposures. Research has shown that pesticides, including fungicides and lead, as well paints, heavy metals and heavy metals, can increase the risk of birth defects. Birth defect lawyers have filed lawsuits against companies who exposed workers to harmful chemicals, as well as pharmaceutical companies that produce drugs such as DES that could cause birth defects in fetuses.

If you believe that your child's birth defect or injury was caused by medical negligence, you must consult a skilled birth defect lawyer as soon as you can. In some states, you only have one year to file a medical malpractice suit, and waiting longer than that could mean losing your chance to obtain the justice you deserve for your child's injury.

Statute of Limitations

A statute of limitations is a law which establishes the deadline for an individual to file a civil lawsuit. If someone misses the deadline, they lose the right to collect damages from a defendant. Birth injury cases may have more complicated statutes of limitations than other types of medical malpractice claims.

A lawsuit is usually filed against the doctor or the hospital that caused a patient's injuries during labor and birth defect lawsuits. These cases are often known as birthing injuries lawsuits or wrongful birth lawsuits, however Florida's laws permit parents to file a malpractice lawsuit in the event of the death of a baby.

In a medical malpractice case the victim must prove the at-fault doctor was not adhering to the standards of care and consideration another health care provider would have applied in similar circumstances. This includes failing to recognize a serious condition such as low oxygen levels during childbirth which can result in cerebral palsy and brain damage.

The first step in filing a birth defect lawsuit is to speak with an experienced attorney. Most attorneys offer free consultations and reviews of cases to potential clients. If the attorney believes a client has a valid claim, they will look over medical records and engage experts to review the case. They will also assist in preparing documents and filing the medical malpractice suit within time.

Expert Witnesses

In cases involving birth injuries, it's essential to have medical experts who are able to explain to jurors the medical procedures and practices. However, expert witnesses can be difficult to work with as they have to carefully review huge amounts of evidence and make decisions based on evidence rather than their opinions. They must also be willing to testify about facts that may conflict with their beliefs.

In the Daubert Case, the plaintiffs' expert suggested that Bendectin was the cause of the birth defect in their child. The judge ruled that the evidence was on the "cutting edge of research in science, where reality is matched by theory, and certainty turns into probabilities." However the judge did believe that there was sufficient evidence that Bendectin doubled a baby's chance of developing birth defects.

The Daubert ruling was a setback for plaintiffs, who had sued pharmaceutical companies to try and get justice. However, there are many ways that an injured person can pursue a birth defect lawsuit.

A Philadelphia birth defect attorney can assist those suffering from birth defects to determine whether they're eligible for a claim. A lawyer can decide if a plaintiff is eligible to file a lawsuit individually or as part of an action class. In certain cases attorneys can bring a lawsuit on behalf of a birth injury as part an interdistrict litigation. Complete the form below to get a confidential and free consultation with an attorney.

Representation

Modern technology and recent advances in medical technology may have decreased the risk of complications that can occur during pregnancy and childbirth, but they are not completely eliminated. Parents can take legal action if a birth injury or defect occurs, and the reason could have been prevented.

Medical negligence claims usually stem from a doctor's failure to identify or treat a condition. A physician may fail to diagnose an ultrasound or make a mistake in surgery, resulting in birth defects, such as spina bifida. Birth defects can be caused by improper medication that is taken by the mother or exposure to chemicals or other environmental hazards during the baby's development in the womb.

A birth defect can affect any part of a newborn's body and affect their health, performance and appearance. In some cases, a birth defect can drastically reduce a baby's life expectancy or result in significant medical costs.

If you suspect that your child's birth defect or injury was the result of medical malpractice or negligent care during labor or birth consult a certified birth defect attorney today. A lawyer can help you understand your options and make a claim before the statute of limitations expires. A lawyer may also be competent to negotiate settlements on behalf of you with the responsible parties for the injury to your child.