Why Birth Defect Claim Isn’t As Easy As You Imagine

How to File a Birth Defect Lawsuit

Modern medicine and technology have greatly decreased the risks of childbirth. But, a birth defect or injury still occurs frequently.

A birth defect lawsuit seeks to recover for your child’s medical expenses as well as educational costs and other expenses. You must prove that the medical professional you are suing breached the standard of care during or before the birth or during pregnancy.

Damages

Pregnancy can be one of the most exciting but nerve-wracking moments in a parent’s lifetime. Parents want their children to be perfect, Birth Defect Law and doctors attempt to do everything possible to prevent birth defects from happening. Medical negligence and carelessness can increase the risk for birth defects and injuries. When this happens the family of the victim should consider seeking justice through a birth defect lawsuit.

A successful birth defect lawsuit can result in damages for a variety of different things. This includes the victim’s suffering and suffering, loss of consortium, medical expenses and lost earning capacity. The amount of compensation an individual victim will be awarded depends on the severity of the child’s illness and how it has affected their standard of life.

Environmental exposures can result in birth injuries and birth defect law defects. Studies have shown that certain chemicals like fungicides, pesticides and lead, as well paints and heavy metals can increase the chances of birth defects. Birth defect lawyers have filed suits against companies that exposed workers to toxic chemicals, as well against pharmaceutical companies that have developed drugs that can cause birth defect legal defects in fetuses, such as DES.

If you suspect that medical error caused the birth injury or birth defect, it is recommended to seek out a birth defect lawyer immediately. In some states, you only have one year to file a lawsuit against medical malpractice. If you wait it could mean that your child will never get the justice they deserve.

Statute of Limitations

A statute of limitations is a law that defines the time limit for a person to file a civil lawsuit. If a person fails to meet the deadline, they will lose the right to claim damages from the defendant. Birth injury cases could have more complex statutes of limitations than other types of medical malpractice claims.

A lawsuit is typically filed against the doctor or hospital who caused injury to an individual during labor and Birth defect Law birth. These cases are commonly referred to as birthing injury lawsuits or wrongful birth suits though Florida’s laws allow parents to make a claim for medical malpractice for the death of an infant.

In a lawsuit for medical malpractice the plaintiff must prove the at-fault doctor did not follow the standards of care and consideration that other health care providers would have followed in similar circumstances. This includes failing to diagnose a serious illness, such as low levels of oxygen in the childbirth process which can cause cerebral palsy or brain damage.

The first step to file a Birth defect Law defect lawsuit is to reach an experienced attorney. Most attorneys offer free consultations and case reviews to prospective clients. If an attorney believes that the client’s claim is legitimate they will examine the medical records of the client and employ experts to review the records. They will also assist in preparing documents and file the medical malpractice lawsuit within the timeframe.

Expert Witnesses

In a birth injury case it is essential to have experts who can explain medical procedures and practices to a jury. Expert witnesses can be difficult as they have to carefully review the vast amount of information to make decisions that are based on evidence rather than opinions. They should also be able to provide evidence on matters that may conflict with their opinions.

In the Daubert Case, the plaintiffs’ expert believed that Bendectin is the reason for the birth defect of their child. The judge found that the evidence was on the “cutting edge of scientific research, where evidence meets theory, and certainty transforms into probability.” However, the judge did not believe that there was sufficient proof that Bendectin increased the chance of developing birth defects.

The Daubert decision was an affront to plaintiffs who had sued pharmaceutical companies in an effort to obtain justice. There are many avenues for a victim to pursue a lawsuit over the birth defect.

A Philadelphia birth defect lawyer can assist those suffering from birth defects to determine whether they have a case. A lawyer can assist plaintiffs determine if they are qualified to file a lawsuit on their own or a class action. In certain instances lawyers may be able to bring a birth defect legal injury lawsuit as part of multidistrict lawsuit (MDL). Fill out the form below to receive a private and free consultation with an attorney.

Representation

While modern technology and recent advances in medicine have significantly reduced the risk of complications during childbirth and pregnancy however, they are not completely eliminated. Parents can seek legal action if a birth injury or defect occurs, and the reason could have been prevented.

Medical negligence cases typically result from a doctor’s inability to properly diagnose or treat a problem. For instance, a doctor could neglect to perform an ultrasound exam or make a mistake during surgery, which could result in a birth defect, such as spina bifida. Birth defects can be caused by the wrong medication that is taken by the mother, or exposure to chemicals and other environmental dangers during the child’s development in the womb.

A birth defect may affect any part of the newborn’s body, affecting their appearance, health and functioning. In some cases the birth defect can severely reduce a baby’s lifespan or result in significant medical expenses.

Contact a birth defect lawyer now if you believe your child’s birth defect or birth injury was caused by medical negligence or carelessness during labor or birth. A lawyer can assist you understand your options and submit a claim before the deadline for filing a claim expires. A lawyer may also be in a position to negotiate the settlement on behalf of you with the parties responsible for the injury to your child.