20 Birth Defect Claim Websites Taking The Internet By Storm

How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have greatly reduced the risk of birth. Birth defects or injuries still occur often.

A birth defect lawsuit seeks to compensate your child for medical expenses, education costs as well as other losses. To be able to file a claim, you need to demonstrate that medical professionals breached the standard of care prior to or during pregnancy, or delivery.

Damages

Pregnancy can be one of the most exciting yet nerve-wracking times in the life of a parent. Parents want their babies to be perfect and doctors do everything possible to prevent birth defects. However, carelessness and negligence on the part of medical practitioners can increase the risk of birth injuries and birth defects. If this happens the family of the victim ought to consider pursuing justice through a birth defect lawsuit.

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

Environmental exposures can cause birth defects and Birth Defect Lawyers birth injuries. Studies have shown that certain chemicals, like fungicides, pesticides, lead, paints and heavy metals can increase the chances of birth defects. Birth defect lawyers have brought suits against companies that exposed workers to these hazardous chemicals, as well as against pharmaceutical companies that have produced medications that can cause birth defects in fetuses, such as DES.

If you believe that your child's birth defect, or birth injury is the result of medical malpractice, you should consult a reputable birth defect lawyer as soon as possible. In certain states, you have only one year to file a suit for medical malpractice. If you wait longer and you don't, your child won't get the justice they deserve.

Statute of Limitations

A statute of limitations is a law that establishes the time limit for an individual to file an action in civil court. If a person fails to meet the deadline will lose the right to claim damages against a defendant. Birth injury claims can 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 a patient during labor and delivery. These types of cases are typically referred to as birthing injury lawsuits or wrongful birth suits, however, Florida's laws permit parents to pursue a medical malpractice suit for an infant's death.

To prove medical malpractice, the party who suffered will need to show that the doctor who was at fault was not able to meet the level of care and consideration required by a different health medical professional in similar circumstances. This includes failing to diagnose an illness that is serious such as low oxygen levels during childbirth that cause cerebral palsy and brain damage.

The first step in filing a birth defect lawsuit is to reach an experienced attorney. Most attorneys offer free consultations to prospective clients. If an attorney believes that the claim of a client is legitimate they will examine the medical records of the client and employ experts to analyze the records. They will also assist with the preparation of documents and file the medical malpractice suit on time.

Expert Witnesses

In a case involving birth injuries it is crucial to have experts who can explain medical procedures and practices to jurors. Expert witnesses can be difficult as they have to scrutinize an extensive amount of information to be able make decisions based on facts, not opinion. Furthermore, they should be prepared to testify about things that may contradict their views.

In the Daubert Case, the plaintiffs' expert argued that Bendectin was the cause of their child's birth defect. The judge ruled that the evidence was "at the cutting-edge of scientific research, where science meets theories and certainty transforms into probabilities." However he was not convinced there was sufficient evidence to prove that Bendectin caused birth defects.

The Daubert ruling was a setback for plaintiffs, who had suing pharmaceutical companies to obtain justice. Nonetheless, there are still numerous avenues that an injured party may pursue a lawsuit for birth defects.

A Philadelphia birth defect lawyer can provide victims with advice on whether they're eligible for claims. A lawyer can determine if an individual plaintiff is eligible to file a suit on their own or as part of an action class. In some cases an attorney may be able to file a lawsuit for birth injuries as part a multidistrict lawsuit. To start you must fill out the form here for an initial consultation for free and confidential with a reputable attorney.

Representation

Modern technology and recent advancements in the medical field may have decreased the chance of complications arising during pregnancy and childbirth but they're not entirely eliminated. Parents can take legal action if a birth defect or birth injury occurs, and the cause could have been prevented.

Medical negligence claims often stem from a doctor's failure to identify or treat a condition. A physician may fail to conduct an ultrasound or make a mistake during surgery, leading to a birth defect such as spina bifida. Other causes for a birth defect lawsuit comprise insufficient medication for the mother or exposure to chemicals or other environmental hazards as the baby develops in the womb.

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

Contact a birth defect lawyer now if you believe your child's birth defect or injury was the result of medical negligence or carelessness during labor or birth. A lawyer can assist you in understanding your options and help you submit a claim prior to the statute of limitations expiring. A lawyer can also negotiate a settlement with the responsible parties for the injury suffered by your child.