15 Shocking Facts About Birth Defect Claim That You Never Knew

How to File a Birth Defect Lawsuit

Modern medical technology and medicine have drastically decreased the risks of childbirth. But, a birth defect or injury can still happen frequently.

A birth defect lawsuit seeks reimbursement for medical expenses of your child, educational costs, and other expenses. You must prove that the medical professional who was involved violated the standard care during or before the birth or delivery.

Damages

Pregnancy can be one of the most exciting yet nerve-wracking events in a parent's lifetime. Parents want their babies to be perfect and doctors do everything to avoid birth defects. Medical negligence and carelessness could increase the risk of birth defects and injuries. A family who is shocked by this incident should think about suing for a birth defect.

A successful birth defect suit can result in damages for a variety of different things. These include the victim's pain and suffering and loss of consortium, medical expenses and lost earning capacity. The amount of damages an individual victim will be awarded depends on the severity of the child's condition and how much it has affected their quality of living.

Environmental exposures can cause birth defects and birth injuries. Studies have proven that pesticides, such as lead and fungicides, 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 harmful chemicals, and also against pharmaceutical companies who have manufactured drugs that can cause birth defects in fetuses like DES.

If you think your child's birth defect or injury was the result of medical malpractice, you should seek out a skilled birth defect lawyer as soon as you can. In some states, there is only one year to file a medical malpractice suit, and if you wait longer than that could result in losing your chance to obtain the justice you need for your child's injuries.

Statute of Limitations

A statute of limitation is a law which establishes the deadline for filing a civil lawsuit. Anyone who fails to meet a deadline will lose the right to claim damages against a defendant. Birth injury cases may have more complicated statutes of limitations than other types of medical malpractice claims.

A lawsuit is usually filed against the doctor or hospital that caused an injury to the patient during labor and delivery. These cases are sometimes referred to as birthing injury suits or wrongful birth lawsuits, however Florida's laws permit parents to file a malpractice suit for the death of a child.

In order to prove medical malpractice, the victim will need to show that the doctor who was at fault didn't adhere to the level of care and consideration required by a different health healthcare provider in similar situations. This could include failing to recognize serious conditions like low levels of oxygen during childbirth which can lead to cerebral palsy and brain damage.

The first step to file a birth defect lawsuit is to speak with an experienced attorney. A majority of attorneys offer free consultations to potential clients. If an attorney believes the client's claim is legitimate they will look over the medical documents of the client and employ experts to assess the evidence. They can also assist in the preparation of documents and file the medical malpractice lawsuit on time.

Expert Witnesses

In cases involving birth injuries, it is essential to be able to have medical experts explain to jurors the medical procedures and practices. Expert witnesses can be difficult because they must scrutinize the vast amount of information in order to make a decision based on facts, not opinions. They also have to be willing to testify on facts that could contradict their position.

In the Daubert Case the plaintiffs' expert suggested that Bendectin was responsible for the birth defect in their child. The judge ruled 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 believe there was sufficient evidence to support the claim that Bendectin increased the chance of developing birth defects.

The Daubert ruling was a setback for the plaintiffs, who had filed a lawsuit against pharmaceutical companies to try and achieve justice. However, there are many ways that the injured party could pursue a birth defect lawsuit.

A Philadelphia birth defect attorney can assist victims in determining whether they're eligible for a claim. Lawyers can assist victims determine if they're qualified to file a lawsuit on their own or a class action. In certain cases lawyers can bring a birth injury lawsuit as part of a multidistrict litigation (MDL). To begin, fill out the form on this page to request a an unreserved and confidential consultation with a qualified lawyer.

Representation

Although modern technology and recent developments in the field of medicine have greatly reduced the risk of complications during pregnancy and childbirth however, they are not completely eliminated. Parents can seek legal action if they suffer a birth injury or defect occurs, and the reason could have been avoided.

Medical negligence claims are often result from a doctor's inability diagnose or treat a condition. For instance, a doctor might fail to conduct an ultrasound screening or make an error during surgery, which could result in a birth defect similar to spina bifida. Birth defects can be caused by improper medication that is taken by the mother, or exposure to chemicals and other environmental dangers during the development of the baby in the womb.

A birth defect could affect any part of the body of a newborn which can affect their appearance, health, and performance. In certain cases birth defects can decrease a baby's lifespan or cause major medical expenses.

Contact an attorney for birth defects now if you believe your child's birth injury or defect was the result of medical negligence or carelessness during labor or birth. A lawyer can assist you to discover your options and file a claim before the time limit expires. A lawyer might also be in a position to negotiate the settlement on behalf of you with the parties accountable for your child's injuries.