Birth Defect Claim Tips From The Top In The Business

How to File a Birth Defect Lawsuit

Modern technology and advancements in medicine have dramatically reduced the risk of birth. But, a birth defect or injury can still happen frequently.

A birth defect lawsuit seeks compensation for medical expenses of your child or educational costs, among other expenses. To be able to pursue an action, you must establish that medical professionals violated the standard of medical care prior to pregnancy or delivery.

Damages

Pregnancy can be one of the most exciting yet nerve-wracking experiences in the life of a parent. Parents want their children to be perfect, and doctors work to do their best to stop birth defects from happening. Inattention to medical issues and negligence can increase the risk for birth defects and injuries. When this occurs, a stunned family may want to seek justice through a birth defect lawsuit.

A successful birth defect lawsuit may result in damages for a multitude of different things. This can include pain and suffering for the victim along with loss of consortium and medical expenses, not to mention loss of earning capacity. The amount of damages that an individual victim will be awarded depends on the severity of the child's condition, and how much it has affected their standard of living.

Environmental exposures can result in birth injuries and birth defects. Studies have proven that certain chemicals, such as pesticides, fungicides, lead, heavy metals and paints can increase the risk of birth defects. Birth defect lawyers have filed lawsuits against companies that exposed employees to harmful chemicals, as well as pharmaceutical companies that produce drugs like DES that can cause birth defects in fetuses.

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 are given one year to file a suit for medical malpractice. If you put off filing a lawsuit for a longer period, it could mean that your child won't get the justice they deserve.

Statute of limitations

A statute of limitation is a law that sets the deadline for an individual to file a civil lawsuit. If a person fails to meet the deadline, they lose their right to recover damages from the defendant. Birth injury claims may have a more complicated statute of limitations than other medical malpractice claims.

A lawsuit is usually filed against the doctor or hospital who caused injury to an individual during labor and birth. These cases are usually known as birthing injury lawsuits or wrongful birth suits, however Florida's laws permit parents to make a claim for medical malpractice for the death of an infant.

In order to prove medical malpractice, the party who suffered must prove that the doctor responsible did not adhere to the standard of care or consideration expected by another health medical professional in similar circumstances. This includes failing to recognize an illness of serious severity for example, low oxygen levels during childbirth that cause cerebral palsy and brain damage.

The first step to file a birth defect lawsuit is to contact an experienced attorney. The majority of lawyers offer free consultations and case reviews to prospective clients. If the lawyer believes that a client has a valid claim, they will look over medical records and appoint experts to review them. They can also assist in the preparation of documents and file the medical malpractice lawsuit within the timeframe.

Expert Witnesses

In a birth injury case, it is important to have experts who can explain medical procedures and practices before a jury. Expert witnesses can be difficult since they have to carefully review a large amount of information to make decisions based on fact rather than opinions. They should also be prepared to testify on facts which may contradict their beliefs.

In the Daubert case the plaintiffs' experts suggested that Bendectin had caused birth defects for their child. The judge concluded that the evidence was at the "cutting edge of scientific research, where evidence meets theory and certainty dissolves into probabilities." However, the judge did not believe there was enough evidence to prove that Bendectin increased the chance of developing birth defects.

The Daubert ruling was a setback to the plaintiffs, who had suing pharmaceutical companies to try and achieve justice. There are numerous avenues that the injured party could pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer can advise victims on whether they're eligible for an opportunity to file a claim. A lawyer can determine if a plaintiff is eligible to file a suit on their own or as part of a class action. In certain cases, an attorney can file a lawsuit for birth injuries as part multidistrict litigation. Please fill out the form below to receive a confidential and free consultation with an attorney.

Representation

Modern technology and recent advancements in the field of medicine could have reduced the risk of complications occurring during pregnancy and childbirth, but they are not completely eliminated. Parents may pursue legal action if a birth injury or defect occurs, and the cause could have been prevented.

Medical negligence claims often stem from a doctor's failure to recognize or treat a condition. A physician may fail to perform an ultrasound or make a mistake in surgery, leading to birth defects like spina bifida. Other causes for a birth defect lawsuit include inadequate medication for the mother or exposure to chemicals or other environmental dangers while the baby develops in the womb.

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

Contact a birth defect lawyer immediately if you believe the birth injury or defect was caused by medical negligence or carelessness during labor or birth. A lawyer can help understand your options and make a claim prior to the time limit expires. A lawyer can also negotiate an agreement with the responsible parties for the harm to your child.