There Are 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 occur frequently.

A birth defect lawsuit seeks reimbursement for medical expenses of your child as well as educational costs and other expenses. To pursue such a claim, you must prove that a medical professional breached the standard of care prior to pregnancy or delivery.

Damages

Pregnancy is among the most exciting and nerve-wracking moments in the life of a mother. Parents want their children to be perfect, and doctors strive to do their best to prevent birth defects from happening. Unfortunately, carelessness and negligence on the part of medical practitioners can increase the chance of birth injuries and defects. In the event of this happening an astonished family may want to seek justice through a birth defect lawsuit.

A successful birth defect lawsuit could result in damages for a variety 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 the victim will receive is contingent on the severity of the child's illness and how it has affected their quality of living.

Environmental exposures can cause birth defects and birth injuries. Research has shown that pesticides, including lead and fungicides, as well paints, heavy metals and heavy metals, could increase the risk of birth defects. Birth defect lawyers have filed lawsuits against companies that exposed workers to harmful chemicals, as well as pharmaceutical companies that make drugs such as DES that can cause birth defects in fetuses.

If you suspect that your child's birth defect or birth injury was the result of medical malpractice, you should seek out a skilled birth defect lawyer as soon as possible. In some states, you are given one year to file a lawsuit claiming medical malpractice. If you delay it could mean that your child will never get the justice they deserve.

Statute of Limitations

A statute of limitation is a law that sets the deadline for a person to file an action in civil court. A person who misses a deadline loses the right to seek damages from a defendant. Birth injury cases may have more complicated statutes of limitations than other types of medical malpractice claims.

A lawsuit is typically filed against the hospital or doctor that caused a patient's injuries during labor and delivery. These cases are often called birthing injury lawsuits or wrongful birth suits, however, Florida's laws permit parents to make a claim for medical malpractice to bring a child's death.

In order to prove medical negligence, the person who was injured will need to show that the doctor who was at fault didn't adhere to the standard of care or consideration required by a different health medical professional in similar circumstances. This includes failing diagnose a serious illness, such as low oxygen levels during childbirth which can result in cerebral palsy and brain damage.

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 and case review to prospective clients. If the attorney believes that a client has a valid case, they will look into medical records and appoint expert witnesses to assess them. They can also assist in the preparation of documents and filing the medical malpractice lawsuit in time.

Expert Witnesses

In cases involving birth injuries, it is vital to have medical experts who can explain to a jury the medical practices and procedures. Expert witnesses can be difficult to work with as they must carefully examine massive amounts of data and be able to make decisions based on evidence rather than opinions. In addition, they must be able to testify regarding facts that could contradict their views.

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

The Daubert decision was a blow to plaintiffs that had filed suit against pharmaceutical companies in an attempt to get justice. There are many ways that an injured person can pursue a birth defect lawsuit.

A Philadelphia birth defect attorney will assist the victims to determine whether they're eligible for a claim. Lawyers can determine if the plaintiff is eligible to file a suit on their own or as part of a class action. In some cases a lawyer may make a birth injury claim as part of multidistrict litigation (MDL). To get started you must fill out the form on this page for an unreserved and confidential consultation with a qualified lawyer.

Representation

Modern technology and recent advances in medical technology may have reduced the chance of complications occurring during childbirth and pregnancy, but they're not entirely eliminated. If a birth defect or injury occurs, birth defect lawsuit and the cause could have been avoided, parents may seek legal action to pay for the costs associated with treatment.

Medical negligence claims usually stem from a doctor's failure to diagnose or treat a condition. For instance, a physician might fail to conduct an ultrasound screening or make mistakes during surgery, resulting in a birth defect similar to 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 as the baby is developing in the womb.

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

Contact an attorney for birth defects today if you believe that your child's birth injury or defect was caused by medical negligence or mistakes during labor or pregnancy. A lawyer can help determine your options and submit a claim before the time limit expires. A lawyer might also be capable of negotiating settlements on behalf of you with the responsible parties for your child's injuries.