A Look At The Myths And Facts Behind Birth Defect Claim

How to File a Birth Defect Lawsuit

Modern medical and technological advances have significantly decreased the risks of childbirth. Birth defects or injuries still occur frequently.

A birth defect lawsuit seeks to compensate your child for medical expenses, education costs and other damages. You must prove that the medical professional you are suing breached the standard of treatment prior to or during the birth or during pregnancy.

Damages

Pregnancy is one of the most exciting and nerve-wracking experiences a parent can experience. Parents want their babies perfect, and doctors do everything they can to avoid birth defects. Inattention to medical issues and negligence can increase the risk of birth defects and injuries. A family that is shocked by this circumstance should think about the possibility of suing over a birth defect.

A successful birth defect lawsuit 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 loss of 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 quality of life.

Environmental exposures can result in birth injuries and birth defects. Research has shown that certain chemicals, like fungicides, pesticides, lead, paints and heavy metals may increase the chances of birth defects. Birth defect lawyers have brought lawsuits against companies that have exposed workers to harmful chemicals, and also against pharmaceutical companies who have manufactured drugs that could cause birth defects in fetuses, such as DES.

If you suspect that medical malpractice caused the birth injury or birth defect, you should consult a lawyer for birth defects immediately. In some states, there is only one year to file a medical negligence lawsuit, and waiting more than that may mean losing the chance to receive the justice you need for your child's injuries.

Statute of Limitations

A statute of limitations is a law that defines how long a person has to file a civil claim. If someone misses the deadline, they lose the right to collect damages from the defendant. Birth injury cases may have more complicated statutes of limitations than other types of medical malpractice cases.

A lawsuit is typically filed against the medical professional or hospital that caused a patient's injuries during labor and birth. These cases can be referred to as birthing injury suits or wrongful birth lawsuits however Florida's laws permit parents to file a malpractice lawsuit in the event of the death of a child.

In order to prove medical malpractice, the injured party must prove that the doctor at fault did not follow the standard of care or consideration required by a different health care provider in similar circumstances. This includes failing to recognize a serious condition such as low levels of oxygen during childbirth which can result in cerebral palsy and brain damage.

Contacting a reputable attorney is the first step to filing an action for birth defect lawsuits birth defects. The majority of lawyers offer free consultations and case reviews to potential clients. If the attorney believes that a client has a valid claim they will review medical records and engage experts to examine their credibility. They will also assist in preparing documents and filing the medical malpractice lawsuit in time.

Expert Witnesses

In cases with birth injuries, it's essential to have medical experts that can explain to a jury the medical procedures and practices. However, expert witnesses can be difficult to work with because they must be able to scrutinize massive amounts of evidence and make decisions based on the facts rather than their opinions. They must also be willing to testify about facts that could contradict their beliefs.

In the Daubert case, the plaintiffs' experts claimed that Bendectin caused birth defects in their child. The judge concluded that the evidence was at the "cutting edge of research in science, where fact meets theory, and certainty transforms into probability." However the judge did not believe that there was sufficient evidence to support the claim that Bendectin doubled a baby's chance of developing birth defects.

The Daubert ruling was a setback for plaintiffs who had sued pharmaceutical companies in order to achieve justice. Nonetheless, there are still various ways in which an injured party may pursue a birth defect lawsuit.

A Philadelphia birth defect attorney will assist the victims to determine whether they have a case. A lawyer can assist victims determine if they're qualified to file a lawsuit on their own or a class action. In some cases lawyers can file a lawsuit for birth injuries as part of multidistrict litigation. To begin 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 the field of medicine have greatly reduced the risk of complications during childbirth and pregnancy but they aren't completely eliminated. If a birth defect injury occurs and the cause was preventable parents can seek legal action to cover costs associated with treatment.

Medical negligence claims are often based on a doctor's failure identify or treat an illness. A physician may fail to diagnose an ultrasound or make a mistake in surgery, resulting in a birth defect such as spina bifida. Other causes that can lead to birth defect lawsuits include insufficient medication for the mother or exposure to chemicals or other environmental dangers while the baby is developing in the womb.

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

Contact an attorney for birth defects today if you suspect that your child's birth injury or defect was caused by medical negligence or malpractice during pregnancy or labor. A lawyer can assist you in understanding your options and help submit a claim prior to the statute of limitation expiring. A lawyer might also be capable of negotiating an agreement on behalf of you with the parties accountable for your infant's injury.