The Best Birth Defect Claim Experts Are Doing 3 Things

How to File a Birth Defect Lawsuit

Modern medical technology and medicine have drastically reduced the risk of childbirth. Birth defects or injuries still occur often.

A birth defect lawsuit seeks to recover for your child's medical expenses, educational costs, and other losses. To be able to file a claim, you need to establish that medical professionals breached the standard of care prior to or during pregnancy or delivery.

Damages

Pregnancy can be one of the most exciting, but nerve-wracking moments in the life of a parent. Parents want their babies perfect, and doctors do everything possible to prevent birth defects. Unfortunately, carelessness and negligence on the part of medical professionals can increase the risk of birth injuries and defects. If this happens, a stunned family should consider seeking justice through a birth defect lawsuit.

A successful birth defect lawsuit could result in damages for a number of different things. This can include the suffering and suffering and loss of consortium medical expenses, Birth defect lawsuit and loss of earning capacity. The amount of damages a victim will receive will depend on the severity of their child's illness and the extent to which it has interfered with their quality of life.

Environmental exposures can lead to birth defects and birth injuries. Studies have shown that certain chemicals, such as pesticides, fungicides, lead, paints and heavy metals may increase the likelihood of birth defects. Birth defect lawyers have filed lawsuits against companies that exposed workers to these harmful chemicals, and against pharmaceutical companies who have manufactured products that cause birth defects in fetuses like DES.

If you suspect that medical malpractice caused the birth injury or birth defect, consult a birth defect lawyer immediately. In certain states, you are given one year to file a lawsuit claiming 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 determines how long a person has to file a civil action. If a person fails to meet the deadline will lose the right to claim damages against a defendant. Birth injury cases may have more complex 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 called birthing injury lawsuits or wrongful birth lawsuits, however Florida's laws allow parents to file a malpractice lawsuit in the event of the death of a child.

In a medical malpractice case the plaintiff must prove that the doctor at fault did not follow the standard of care and consideration other health care providers would have used in similar circumstances. This includes failing to diagnose an illness of serious severity for example, low oxygen levels during childbirth that result in brain damage and cerebral palsy.

The first step in filing a birth defect lawsuit is to reach an experienced attorney. The majority of lawyers offer free consultations for potential clients. If the attorney is convinced that a client has a valid case, they will look over medical records and engage experts to review the evidence. They will also assist in preparing documents and file the medical malpractice lawsuit in time.

Expert Witnesses

In a birth injury case it is essential to have experts who can explain medical practices and procedures to jurors. Expert witnesses can be difficult as they must scrutinize a vast amount of data to be able to make decisions based on facts, not opinions. They must also be able to testify regarding information that might contradict their positions.

In the Daubert case, the plaintiffs' experts argued that Bendectin was the cause of their child's birth defects. The judge found that the evidence was at the "cutting edge of research in science, where reality meets theory and certainty dissolves into probability." However the judge did not believe there was enough evidence to prove that Bendectin doubled a baby's risk of developing birth defects.

The Daubert decision was a blow to plaintiffs that had filed a lawsuit against pharmaceutical companies an effort to obtain justice. Nonetheless, there are still various ways in which an injured person could pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer can assist victims about whether they have claims. A lawyer can assist plaintiffs determine whether they are qualified to file an individual lawsuit or a class action. In certain situations a lawyer may file a birth injury lawsuit in the context of multidistrict litigation (MDL). To start by filling out the form here for the opportunity to have a no-cost and confidential consultation with a reputable lawyer.

Representation

Modern technology and recent advances in medicine may have reduced the risk of complications that can occur during pregnancy and childbirth, but they are not completely eliminated. When a birth defect or injury occurs, and the cause is preventable, parents can seek legal action to cover the costs related to treatment.

Medical negligence cases typically stem from a doctor's failure to recognize or treat a problem. For example, a physician could neglect to perform an ultrasound screening or make a mistake during surgery, resulting in a birth defect similar to spina bifida. Other common causes of a birth defect lawsuit include an ineffective medication for the mother or exposure to chemicals or other environmental dangers while the baby develops in the womb.

A birth defect may affect any part of the newborn's body which can affect their health, appearance and functionality. In certain cases birth defects may reduce the life span of a child or trigger major medical expenses.

If you think your child's birth defect or injury was due to medical malpractice or negligent care during pregnancy or labor, contact a qualified birth defect attorney today. A lawyer can help identify your options and make a claim prior to the deadline for filing a claim expires. A lawyer may also be competent to negotiate an agreement on behalf of you with the parties accountable for your child's injuries.