How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have significantly reduced the risks associated with 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 education costs, as well as other expenses. You must prove that the medical professional who was involved did not follow the standard of care prior to or during the birth or during pregnancy.

Damages

Pregnancy is one of the most exciting and nerve-wracking moments in the life of a parent. Parents want their children to be perfect, and doctors attempt to do all they can to prevent birth defects from happening. However, carelessness and negligence on the part of medical professionals can increase the risk of birth injuries and defects. In the event of this happening the family of the victim might want to pursue justice via a birth defect lawsuit.

A successful birth defect lawsuit may result in damages for a range of different things. These include the victim's suffering and suffering and loss of consortium, medical expenses and lost earning capacity. The amount of damages a victim receives will depend on the degree of their child's health and Birth defect Lawsuit the extent to which it has interfered with their quality of life.

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

If you believe that your child's birth defect or birth injury was the result of medical malpractice, it is important to consult a skilled birth defect lawyer as soon as you can. In some states, you only have one year to file a medical malpractice suit, and waiting longer than that could result in losing your chance of getting the justice you deserve for your child's injury.

Statute of Limitations

A statute of limitations is a law that defines the time limit for a person to file a civil claim. If a person fails to meet a deadline will lose the right to claim damages against a defendant. Birth injury claims be more complex in terms of the time limit than other medical malpractice claims.

A lawsuit is usually filed against the doctor or hospital who caused the patient's injuries during labor and birth. These cases are commonly known as birthing injury lawsuits or wrongful birth suits though Florida's laws allow parents to make a claim for medical malpractice to bring a child's death.

To prove medical malpractice, the victim will need to show that the doctor responsible was not able to meet the standards of care and consideration required by a different health care provider in similar circumstances. This includes failing in diagnosing an illness that is serious like low levels of oxygen during childbirth that can cause brain damage and cerebral palsy.

The first step in filing a birth defect lawsuit is to get in touch with a skilled attorney. The majority of lawyers offer free consultations to prospective clients. If an attorney believes a client's claim is valid they will go over the medical records of the client and hire experts to assess the records. They will also assist in preparing documents and file the medical malpractice lawsuit within time.

Expert Witnesses

In cases with birth defect attorneys injuries, it is crucial to have medical experts who can explain to a jury the medical procedures and practices. Expert witnesses can be difficult since they have to carefully review the vast amount of information to be able make decisions based on fact rather than opinions. Furthermore, they should be willing to testify on facts that might conflict with their beliefs.

In the Daubert Case the plaintiffs' expert claimed that Bendectin was responsible for their child's birth defect. The judge ruled that the evidence was "at the cutting edge of scientific research, where evidence meets theories and the certainty is transformed into probabilities." However, he did not believe there was enough evidence that Bendectin caused birth defects.

The Daubert ruling was a setback for the plaintiffs, who had filed a lawsuit against pharmaceutical companies in order to obtain justice. However, there are many ways that an injured party may pursue a birth defect lawsuit.

A Philadelphia birth defect attorney can assist those suffering from birth defects to determine whether they are a victim. A lawyer can assist plaintiffs determine if they are eligible to file a lawsuit as an individual or a class action. In some cases, a lawyer can bring a birth injury lawsuit as part of multidistrict lawsuit (MDL). To start by filling out the form below for a the opportunity to have a no-cost and confidential consultation with a licensed attorney.

Representation

Although the advancements in technology and advances in medicine have drastically reduced the chance of complications during pregnancy and childbirth but they aren't completely eliminated. If a birth defect injury occurs and the cause was preventable parents may pursue legal action to cover the costs related to treatment.

Medical negligence claims are typically due to a doctor's failure to diagnose or treat a condition. For instance, a doctor could neglect to perform an ultrasound examination or make mistakes during surgery, which could result in a birth defect such as spina bifida. Other causes that can lead to a birth defect lawsuit include improper medication for the mother or exposure to chemicals or other environmental hazards when the baby develops in the womb.

A birth defect can affect any part of the newborn's body which can affect their appearance, health, Birth Defect Lawsuit and performance. In certain cases birth defects may reduce a baby's lifespan or cause significant medical expenses.

If you suspect that the birth defect or injury was due to medical malpractice or negligent care during labor or pregnancy get in touch with a reputable birth defect lawyer today. A lawyer can explain your options and assist you file a claim prior to the deadline for filing. A lawyer may also be in a position to negotiate settlements on behalf of you with the parties accountable for your infant's injury.