How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have drastically reduced the risks associated with birth. But, a birth defect or injury is still a common occurrence.

A birth defect lawsuit seeks to recover for your child's medical expenses education costs, as well as other losses. To pursue such 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 events during the lifetime of a parent. Parents want their children to be perfect, and doctors try to do everything possible to stop birth defects from happening. Unfortunately, carelessness and negligence on the part of medical professionals can increase the risk of birth injuries and birth defects. A family that is shocked by this situation should consider taking legal action to remedy a birth defect.

A successful birth defect lawsuit could result in damages for many different things. This includes suffering and pain for the victim as well as loss of consortium and medical costs, as well as lost earning capacity. The amount of damages a victim will receive depends on the severity of the child's illness and how much it has affected their standard of living.

Birth injuries and birth defects can be caused by a variety of factors which include exposure to environmental factors. Studies have revealed that pesticides, such as lead and fungicides and heavy metals, paints, birth Defects and heavy metals, could increase the risk of birth defects. Birth defect lawyers have filed lawsuits against companies that exposed employees to harmful chemicals and pharmaceutical companies that produce drugs like DES that can cause birth defects in fetuses.

If you believe that your child's birth defect or injury was caused by medical malpractice, it is important to consult a reputable birth defect lawyer as soon as you can. In certain states, you have only one year to file a lawsuit against medical malpractice. If you put off filing a lawsuit for a longer period and you don't, Birth Defects your child will not receive the justice they deserve.

Statute of Limitations

A statute of limitation is a law that sets the time limit 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 complex statutes of limitations than other kinds of medical malpractice claims.

A lawsuit is typically filed against the hospital or doctor that caused an injury to an individual during labor and birth. These cases are sometimes referred to birthing injury lawsuits or wrongful birth lawsuits however Florida's laws allow parents to file a malpractice lawsuit for the death of an infant.

In a medical malpractice lawsuit the victim must prove the at-fault doctor did not adhere to the standards of care and consideration that another medical professional would have followed in similar circumstances. This includes failing in diagnosing a serious condition such as low oxygen levels during childbirth that cause cerebral palsy and brain damage.

Finding a reputable attorney is the first step to file a lawsuit for birth defects. Most attorneys offer free consultations to potential clients. If an attorney is convinced that the client's claim is legitimate they will examine the medical records of the client and hire experts to analyze them. They will also assist with the preparation of documents and file the medical malpractice lawsuit within the timeframe.

Expert Witnesses

In a case which involves birth injuries, it is vital to be able to have medical experts explain to jurors the medical practices and procedures. Expert witnesses can be difficult to testify because they have to carefully review an extensive amount of information to make decisions in accordance with facts rather than opinions. They must also be willing to testify about facts that might contradict their beliefs.

In the Daubert case, the plaintiffs' experts suggested that Bendectin contributed to their child's birth defects. The judge concluded that the evidence was "at the cutting-edge of scientific research where fact meets theories and certainty dissolves into probabilities." However, he did not believe there was enough evidence to conclude that Bendectin caused birth defects.

The Daubert ruling was a setback for plaintiffs who had sued pharmaceutical companies to get justice. But there are many avenues for the injured party could pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer can advise victims about whether they are eligible for an opportunity to file a claim. A lawyer can decide if a plaintiff is eligible to file a lawsuit individually or as part of an action class. In some instances an attorney may be able to make a claim for birth defect lawsuits injuries as part a multidistrict litigation. To start, fill out the form here for a free and confidential consultation with a professional lawyer.

Representation

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

Medical negligence claims typically stem from a doctor's failure to properly diagnose or treat a problem. For instance, a doctor might fail to conduct an ultrasound screening or make mistakes during surgery, which could result in a birth defect such as spina bifida. Birth defects can be caused by the wrong medication taken by the mother, or exposure to chemicals and other environmental hazards during the baby's development in the womb.

A birth defect can affect any part of the body of a newborn, affecting their health, appearance and function. In some instances, birth defects can reduce the life expectancy of a newborn or lead to substantial medical expenses.

Contact an attorney for birth defects now if you believe the birth defect or injury was caused by medical negligence or mistakes during labor or pregnancy. A lawyer can provide you with your options and assist you to make a claim prior the time limit expiring. A lawyer can also negotiate an agreement with the parties accountable for the injury suffered by your infant.