How To Tell If You're In The Right Place To Go After Birth Defect Claim

How to File a Birth Defect Lawsuit

Modern medical and technological advances have significantly reduced the risk of childbirth. But, a birth defect or injury still occurs frequently.

A birth defect lawsuit seeks compensation for your child's medical expenses education costs, as well as other expenses. To pursue such a claim, you need to prove that a medical professional breached the standard of care prior to or during pregnancy, or during the delivery.

Damages

Pregnancy is among the most exciting and nerve-wracking experiences a parent can experience. Parents want their babies to be perfect, and doctors work to do everything they can to stop birth defects from happening. Medical negligence and carelessness could increase the risk for birth defects and injuries. A family that is shocked by this news should think about taking legal action to remedy a birth defect.

A successful birth defect lawsuit can result in damages for a variety of different things. This can include the pain and suffering as well as loss of consortium, medical expenses and lost earning capacity. The amount of damages the victim will be awarded is contingent on the severity of the child's medical condition and how it has affected their standard of living.

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

If you suspect medical malpractice caused the birth injury or birth defect, consult a birth defect lawyer immediately. In some states, there is only one year to file a medical malpractice suit, and waiting any longer than that could result in losing your chance to get the justice you deserve for your child's injury.

Statute of Limitations

A statute of limitations is a law that establishes the time limit for a person to file a civil claim. Anyone who fails to meet a deadline will lose the right to claim damages against a defendant. Birth injury cases could have more complex statutes of limitations than other types of medical malpractice claims.

A lawsuit is usually filed against the doctor or hospital that caused a patient's injuries during labor and delivery. These cases are often known as birthing injuries lawsuits or wrongful birth lawsuits, however, Florida's laws allow parents to file a malpractice lawsuit for the death of a baby.

In a medical malpractice case the victim must prove the at-fault doctor did not follow the standards of care and consideration that any other medical professional would have used in similar circumstances. This includes failing to recognize an illness that is serious, such as low levels of oxygen during childbirth which can cause cerebral palsy and brain damage.

A qualified attorney should be the first step to filing a lawsuit for birth defect law firms defects. Most attorneys offer free consultations for potential clients. If the attorney is convinced that a client has a valid claim, they will look into medical records and hire experts to evaluate them. They can also assist in the preparation of documents and file the medical malpractice suit within time.

Expert Witnesses

In a case involving a birth injury, it is important to have experts who can explain medical procedures and practices before a jury. Expert witnesses can be difficult since they must scrutinize a vast amount of data to be able make decisions based on facts, not opinion. Furthermore, they should be willing to testify on information that might contradict their positions.

In the Daubert Case the plaintiffs' expert argued that Bendectin was responsible for their child's birth defect. The judge found that the evidence was at the "cutting edge of scientific research, where evidence meets theory, and certainty transforms 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 setback to plaintiffs who had filed lawsuits against pharmaceutical companies in an effort to obtain justice. There are a variety of avenues an injured person can pursue a lawsuit over a birth defect.

A Philadelphia birth defect lawyer can assist victims about whether they have claims. A lawyer can determine whether the plaintiff is eligible to file a lawsuit on their own or as part of an action class. In certain cases lawyers may be able to bring a birth injury lawsuit as part of multidistrict litigation (MDL). Fill out the form below to get a confidential and free consultation with an attorney.

Representation

Although the advancements in technology and advances in 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 pursue legal action to cover costs associated with treatment.

Medical negligence cases typically stem from a doctor's failure to recognize or treat a condition. For instance, a physician may fail to conduct an ultrasound exam or make mistakes during surgery, resulting in a birth defect such as spina bifida. Other causes for birth defect lawsuits include improper 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 a newborn's body, and impact their health, function and appearance. In certain instances, a birth defect can severely reduce a baby's lifespan or result in a significant amount of medical expenses.

Contact a birth defect lawyer immediately if you believe the birth defect or injury was caused by medical negligence or negligence during labor or pregnancy. A lawyer can assist you in understanding your options and help make a claim prior the statute of limitations expiring. A lawyer may also be capable of negotiating the settlement on behalf of you with the parties responsible for the injury to your child.