Five Birth Defect Claim Lessons Learned From Professionals

How to File a Birth Defect Lawsuit

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

A birth defect lawsuit seeks compensation for your child's medical expenses education costs, as well as other losses. You must prove that the medical professional involved breached the standard of care during or before the birth defect lawsuits or during pregnancy.

Damages

Pregnancy can be one of the most exciting, yet nerve-wracking times in the life of a parent. Parents want their children to be perfect, and doctors attempt to do their best to prevent birth defects from occurring. Unfortunately, negligence and carelessness on the part of medical practitioners can increase the chance of birth injuries and birth defects. If this happens the family of the victim may want to seek justice through a birth defect lawsuit.

A successful birth defect lawsuit could result in damages for many different things. These include a victim's pain and suffering as well as loss of consortium, medical expenses and lost earning capacity. The amount of damages a victim will receive will depend on the severity of their child's condition and the extent that it has affected with their life quality.

Birth injuries and birth defects can be caused by a number of causes which include environmental exposures. Studies have proven that certain chemicals like fungicides, pesticides and lead, as well heavy metals and paints can increase the chances of birth defects. Birth defect lawyers have filed lawsuits against companies that exposed workers to toxic chemicals, as well against pharmaceutical companies that have made products that cause birth defects in fetuses, like DES.

If you suspect that medical error caused the birth injury or birth defect, it is recommended to consult a lawyer for birth defects immediately. In certain states, you only have 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 get the justice they deserve.

Statute of limitations

A statute of limitations is a law which establishes the deadline for a person to file an action in civil court. If a person fails to meet the deadline, they lose the right to claim damages from the defendant. Birth injury cases can be more complex in terms of the statute of limitations than other medical malpractice claims.

A lawsuit is usually brought against the hospital or doctor who caused injury to an individual during labor and delivery. These cases are usually called birthing injury lawsuits or wrongful birth suits although Florida's laws allow parents to make a claim for medical malpractice for an infant's death.

In a medical malpractice case, the injured party must prove that the doctor at fault did not follow the standards of care and consideration other health care providers would have utilized in similar circumstances. This includes failing to recognize serious conditions like low oxygen levels in childbirth which can lead to cerebral palsy and brain damage.

Finding a reputable attorney is the first step to file a lawsuit against birth defects. The majority of lawyers offer free consultations and birth defects case reviews to potential clients. If the lawyer believes that a client has a valid case, they will examine medical records and hire experts to review the evidence. They will also assist with the preparation of documents and file the medical malpractice lawsuit within the timeframe.

Expert Witnesses

In a case involving birth injuries, it is crucial to have medical experts who are able to provide a jury with the medical procedures and practices. Expert witnesses can be difficult to testify because they have to scrutinize a large amount of information to be able to make decisions based on facts, not opinion. Additionally, they must be able to testify regarding information that might contradict their opinions.

In the Daubert case, the plaintiffs' experts suggested that Bendectin had caused their child's birth defects. The judge concluded that the evidence was at the "cutting edge of scientific research, where fact is matched by theory, and certainty turns into probability." However the judge did not consider there was enough evidence that Bendectin increased the chance of developing birth defects.

The Daubert decision was a blow to plaintiffs that had filed a lawsuit against pharmaceutical companies the hope of obtaining justice. However, there are many ways that an injured person can pursue a lawsuit for birth defects.

A Philadelphia birth defect attorney can assist those suffering from birth defects to determine whether they have a case. Lawyers can determine if a plaintiff is eligible to file a suit on their own or as part of a class action. In certain cases lawyers can file a lawsuit for birth injuries as part a multidistrict litigation. To get started by filling out the form below for a a free and confidential consultation with a professional attorney.

Representation

Modern technology and recent advances in the field of medicine could have decreased the chance of complications occurring during pregnancy and childbirth, however they are not completely eliminated. Parents can take legal action if a birth defect or birth injury occurs, and the reason could have been avoided.

Medical negligence claims are typically caused by a doctor's inability to diagnose or treat an illness. 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 also be caused by improper medication taken by the mother, or exposure to chemicals or other environmental dangers that can affect the development of the baby in the womb.

A birth defect can affect any part of the body of a newborn that can affect their health, appearance and function. In some instances birth defects can drastically reduce a baby's lifespan or result in a significant amount of medical costs.

Contact an attorney for birth defects birth defects today if you suspect that your child's 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 submit a claim before the statute of limitations expires. A lawyer can also negotiate an agreement with the parties responsible for the harm to your child.