Your Family Will Be Thankful For Having This Birth Defect Claim

How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have significantly reduced the risk of the birth of a child. But, a birth defect or injury still occurs frequently.

A birth defect lawsuit seeks to recover for medical expenses of your child as well as educational costs and other expenses. To be able to file an action, you must prove that a medical professional breached the standard of care prior to pregnancy or delivery.

Damages

Pregnancy can be one of the most exciting, but nerve-wracking moments during the lifetime 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 practitioners can increase the risk of birth defects and injuries. When this happens families that are shocked might want to pursue justice via a birth defect lawsuit.

A successful birth defect lawsuit could result in damages for a multitude of different things. This includes suffering for the victim along with loss of consortium and medical expenses, in addition to lost earning capacity. The amount of compensation a victim will receive depends on the degree of the child's health and how it has affected their standard of life.

Birth injuries and birth defects can be caused by a variety of causes, including environmental exposures. Studies have proven that pesticides, including fungicides and lead as well as paints, heavy metals and heavy metals, may increase the risk of birth defects. Birth defect lawyers have brought suits against businesses that have exposed workers to these toxic chemicals, as well against pharmaceutical companies that have produced drugs that could cause birth defects in fetuses, like DES.

If you suspect that your child's birth defect, or birth injury is the result of medical malpractice, it is important to consult a skilled birth defect lawyer as soon as you can. In some states, you are given one year to file a lawsuit for medical malpractice. If you wait, it could mean that your child will never receive the justice they deserve.

Statute of limitations

A statute of limitations is a law that sets the time limit for filing a civil lawsuit. If a person fails to meet an expiration date will lose the right to pursue a defendant for damages. Birth injury claims be more complex in terms of the statute of limitations than other medical malpractice claims.

A lawsuit is typically filed against the hospital or doctor that caused an injury to the patient during labor and birth. These types of cases are typically called birthing injuries lawsuits or wrongful birth suits, however Florida's laws permit parents to file a medical malpractice suit in the event of a baby's death.

In a lawsuit for medical malpractice the injured party must prove the at-fault doctor did not adhere to the standard of care and consideration another health care provider would have followed in similar circumstances. This includes failing to diagnose serious conditions like low oxygen levels in childbirth which can result in cerebral palsy and brain damage.

The first step to file a birth defect lawsuit is to get in touch with a skilled attorney. Many attorneys provide free consultations and case reviews to potential clients. If an attorney believes the claim of a client is valid they will look over the medical records of the client and employ experts to analyze the records. They will also assist in preparing documents and filing the medical malpractice lawsuit within time.

Expert Witnesses

In a case that involves birth injuries, it is essential to have medical experts who are able to provide a jury with the medical procedures and practices. Expert witnesses can be difficult as they have to carefully review an extensive amount of information to be able make decisions based on fact rather than opinions. They should also be able to provide evidence on matters that might contradict their position.

In the Daubert case, the plaintiffs' experts suggested that Bendectin was the cause of birth defects in their child. The judge ruled that the evidence was at the "cutting edge of scientific research, where fact meets theory, and certainty transforms into probability." However, the judge did not believe that there was sufficient proof that Bendectin doubled a baby's risk of developing birth defects.

The Daubert ruling was a setback to the plaintiffs, who had filed a lawsuit against pharmaceutical companies to try and win justice. Nonetheless, birth defect lawsuit there are still many ways that an injured person could pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer can assist victims on whether they have claims. A lawyer can determine whether the plaintiff is eligible to pursue a lawsuit by themselves or as part of an action class. In certain instances lawyers may be able to make a birth injury claim in the context of multidistrict litigation (MDL). Fill out the form below to get a confidential and free consultation with an attorney.

Representation

Although the latest technology and advances in the field of medicine have significantly reduced the risk of complications during childbirth and pregnancy but they aren't completely eliminated. Parents may pursue legal action if a birth defect or birth injury occurs, and the cause could have been prevented.

Medical negligence claims usually stem from a doctor's failure to recognize or treat a condition. A physician may not perform an ultrasound or make a mistake in surgery, leading to birth defects such as spina bifida. Other causes that can lead to a birth defect lawsuit include inadequate medication for the mother or exposure to chemicals or other environmental hazards when the baby is growing in the womb.

A birth defect can affect any part of a newborn's body. It can affect their health, Birth Defect Lawsuit function and appearance. In certain cases, birth defects can reduce the life expectancy of a newborn or lead to significant medical costs.

If you think your child's birth defect or injury was the result of medical malpractice or negligent care during labor or birth get in touch with a reputable birth defect lawyer today. A lawyer can help you understand your options and make a claim prior to the statute of limitations expires. A lawyer can also negotiate an agreement with the responsible parties for the injuries suffered by your child.