10 Birth Defect Claim Tricks Experts Recommend

How to File a Birth Defect Lawsuit

Modern medicine and technology have greatly decreased the risks of childbirth. Birth defects or injuries still occur frequently.

A birth defect lawsuit seeks to pay your child's medical expenses, education costs, and other losses. To be able to pursue a claim, you must prove that medical professionals breached the standard of care prior to or during pregnancy, or during the delivery.

Damages

Pregnancy can be one of the most exciting, yet nerve-wracking experiences in a parent's lifetime. Parents want their babies perfect and doctors do everything possible to prevent birth defects. Unfortunately, carelessness and negligence on the part of medical professionals can increase the chance of birth injuries and defects. A family who is shocked by this circumstance should think about suing for a birth defect.

A successful birth defect lawsuit could result in damages for a multitude of different things. This includes the victim's pain and suffering as well as loss of consortium, medical expenses and lost earning capacity. The amount of damages that an individual victim will be awarded depends on the severity of the child's illness and how it has affected their quality of life.

Environmental exposures can cause birth injuries and birth defects. Studies have shown that pesticides such as lead and fungicides and 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 these harmful chemicals, and also against pharmaceutical companies that have developed medications that can cause birth defects in fetuses such as DES.

If you suspect that your child's birth defect, or birth injury was caused by medical malpractice, it is important to speak with a skilled birth defect lawyer as soon as you can. In certain states, there's only one year to file a medical negligence suit, and if you wait longer than that can mean losing your chance of getting the justice you have earned for your child's injury.

Statute of limitations

A statute of limitation is a law that establishes the time limit for filing a civil lawsuit. If a person fails to meet the deadline, they lose the right to collect damages from a defendant. Birth injury claims can have a more complicated time limit than other medical malpractice claims.

A lawsuit is usually brought against the doctor or hospital who caused injury to the patient during labor and birth. These cases are usually called birthing injury lawsuits or wrongful birth suits, although Florida's laws allow parents to pursue a medical malpractice suit to bring a child's death.

To prove medical malpractice, the victim will need to show that the doctor at fault did not adhere to the standards of care and consideration expected by another health medical professional in similar circumstances. This includes failing to recognize a serious condition like low levels of oxygen in the childbirth process which can cause cerebral palsy or brain damage.

Finding a reputable attorney is the first step in filing an action for birth defects. Most attorneys offer free consultations and case reviews for potential clients. If the attorney believes that a client has a valid case, they will look into medical records and hire experts to examine the evidence. They can also assist in the preparation of documents and file the medical malpractice suit on time.

Expert Witnesses

In cases with birth injuries, it is vital to have medical experts who can explain to jurors the medical practices and procedures. Expert witnesses can be difficult because they must carefully examine the vast amount of information to be able to make decisions that are based on evidence rather than opinions. Additionally, they must be willing to testify on things that may contradict their opinions.

In the Daubert case, the plaintiffs' experts argued that Bendectin was the cause of their child's birth defects. The judge concluded that the evidence was at the "cutting edge of research in science, where reality meets theory and certainty dissolves into probabilities." However the judge did not believe that there was sufficient evidence to prove that Bendectin doubled a baby's chance of developing birth defects.

The Daubert ruling was a setback to the plaintiffs, who had suing pharmaceutical companies in order to achieve justice. There are many avenues for an injured party to file a lawsuit for the birth defect.

A Philadelphia birth defect lawyer can assist victims on whether they have a right to sue. A lawyer can determine if a plaintiff is eligible to file a lawsuit on their own or as part of a class action. In some instances an attorney may be able to start a lawsuit for birth injuries as part multidistrict litigation. Please fill out the form below to get a confidential and free consultation with an attorney.

Representation

Modern technology and recent advances in medical technology may have decreased the risk of complications that can occur during childbirth and pregnancy, but they're still not completely eliminated. When a birth defect or injury occurs, and the cause is preventable, parents may pursue legal action to cover the costs related to treatment.

Medical negligence claims typically result from a doctor's inability to properly diagnose or treat a problem. For instance, a physician might fail to conduct an ultrasound exam or make an error during surgery, resulting in a birth defect, such as spina bifida. Other causes for a birth defect attorneys defect lawsuit comprise inadequate medication for the mother or exposure to chemicals or other environmental hazards when the baby is developing in the womb.

A birth defect could affect any part of the newborn's body, affecting their appearance, health and performance. In some instances the birth defect can dramatically reduce a child's life expectancy or result in a significant amount of medical expenses.

Contact a birth defect lawyer today if you suspect that your child's birth injury or defect was the result of medical negligence or malpractice during pregnancy or labor. A lawyer can assist you in understanding your options and help you submit a claim prior to the statute of limitation expiring. A lawyer can also negotiate a settlement with the parties responsible for the injury of your infant.