8 Tips To Enhance Your Birth Defect Claim Game

How to File a Birth Defect Lawsuit

Modern technology and medicine have dramatically reduced the risk of childbirth. Birth defects or injuries still occur frequently.

A birth defect lawsuit seeks to recover for medical expenses of your child, educational costs, and other losses. You must prove that the medical professional who was involved violated the standard care prior to or during the birth or during pregnancy.

Damages

Pregnancy is one of the most exciting and nerve-wracking moments in the life of a parent. Parents want their babies perfect, and doctors do everything to avoid birth defects. However, carelessness and negligence on the part of medical practitioners can increase the risk of birth defects and injuries. When this occurs, a stunned family should consider seeking justice through a birth defect lawsuit.

A successful birth defect lawsuit can result in damages for birth defect lawsuit a range of different things. This includes suffering and pain for the victim along with loss of consortium and medical costs, as well as lost earning capacity. The amount of damages that the victim will receive is contingent on the severity of the child's illness and how much it has affected their quality of life.

Birth defects and birth injuries can be caused by a number of factors that include environmental exposures. Studies have revealed that pesticides like fungicides and lead, as well heavy metals, paints, and heavy metals, may increase the risk of birth defects. Birth defect lawyers have filed lawsuits against companies that exposed workers to harmful chemicals as well as pharmaceutical companies that manufacture drugs such as DES that can cause birth deformities in fetuses.

If you believe that your child's birth defect or birth injury was the result of medical malpractice, you should seek out a skilled birth defect lawyer as quickly as possible. In some states, there is only one year to file a medical negligence suit, and if you wait longer than that can mean losing the chance to receive 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. A person who misses an expiration date will lose the right to claim damages against a defendant. Birth injury claims have a more complicated statute of limitations than other medical malpractice claims.

A lawsuit is usually brought against the hospital or doctor that caused an injury to the patient during labor and birth. These cases are usually called birthing injuries lawsuits or wrongful birth suits, though Florida's laws allow parents to bring a medical malpractice lawsuit to bring a child's death.

In a lawsuit for medical malpractice the plaintiff must prove the at-fault doctor was not adhering to the expected level of care and consideration that another medical professional would have applied in similar circumstances. This includes failing in diagnosing a serious condition, such as low levels of oxygen in the childbirth process that can cause brain damage and cerebral palsy.

The first step in filing a birth defect lawsuit is to speak with a skilled attorney. A majority of attorneys offer free consultations to potential clients. If the attorney believes that a client has a valid claim they will look over medical records and engage expert witnesses to assess them. They will also assist in preparing documents and file the medical malpractice lawsuit in time.

Expert Witnesses

In a case involving birth injuries it is crucial to have experts who can explain medical procedures and practices to a jury. Expert witnesses can be difficult to testify because they have to carefully review a large amount of information to be able make decisions based on fact rather than opinion. They must also be willing to testify about things that may contradict their beliefs.

In the Daubert case the plaintiffs' experts suggested that Bendectin caused birth defects for their child. The judge ruled that the evidence was "at the forefront of scientific research where fact meets theories and certainty transforms into probabilities." However he was not convinced there was enough evidence that Bendectin caused birth defects.

The Daubert ruling was a setback for plaintiffs who had sued pharmaceutical companies in order to obtain justice. But there are various ways in which the injured party could pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer can advise victims about whether they are eligible for a right to sue. Lawyers can assist plaintiffs determine if they are qualified to file a lawsuit as an individual or a class action. In some instances, an attorney can file a lawsuit for birth injuries as part a multidistrict litigation. Fill out the form below to get a confidential and free consultation with an attorney.

Representation

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

Medical negligence claims often stem from a doctor's failure to diagnose or treat a problem. A doctor may fail to conduct an ultrasound or make a mistake in surgery, resulting in a birth defect such as spina bifida. Other causes that can lead to a birth defect lawsuit include an ineffective medication for the mother or exposure to chemicals or other environmental hazards as the baby is growing in the womb.

A birth defect can affect any part of the body of a newborn which can affect their appearance, health, and functioning. In some instances the birth defect law firm defect can significantly diminish a baby's life expectancy or result in significant medical expenses.

Contact a birth defect lawyer now if you believe the birth defect or injury was the result of medical negligence or mistakes during labor or pregnancy. A lawyer can assist you to determine your options and file a claim before the statute of limitations runs out. A lawyer may also be capable of negotiating a settlement on your behalf with the responsible parties for your child's injuries.