10 Birth Defect Claim That Are Unexpected
How to File a Birth Defect Lawsuit
Modern technology and advances in medicine have greatly reduced the risk of childbirth. But, a birth defect or injury still occurs frequently.
A birth defect lawsuit seeks to recover for medical expenses of your child education costs, as well as other losses. To be able to file an action, you must demonstrate that a medical professional violated the standard of care prior to pregnancy or delivery.
Damages
Pregnancy can be one of the most exciting, yet nerve-wracking times in the life of a parent. Parents want their children to be perfect and doctors do everything possible to prevent birth defects. Unfortunately, negligence and carelessness on the part of medical practitioners can increase the chance of birth injuries and defects. A family that is shocked by this news should think about the possibility of suing over a birth defect.
A successful birth defect lawsuit may result in damages for a range of different things. This includes suffering and pain for the victim as well as loss of consortium and medical costs, as well as loss of earning capacity. The amount of damages a victim will receive will depend on the severity of their child's illness and the extent to which it has impacted with their daily life.
Environmental exposures can result in birth defects and birth injuries. Research has shown that certain chemicals, like pesticides, fungicides and lead, as well as heavy metals and paints can increase the risk of birth defects. Birth defect lawyers have filed lawsuits against companies who exposed workers to harmful chemicals, as well as pharmaceutical companies that produce drugs such as DES that could cause birth defects in fetuses.
If you suspect medical malpractice caused the birth injury of your child or birth defect, you must seek out a birth defect lawyer immediately. In certain states, you are given one year to file a suit for medical malpractice. If you delay this could mean that your child will never receive the justice they deserve.
Statute of limitations
A statute of limitations is a law that defines the deadline for when a person is allowed to file a civil suit. If a person fails to meet the deadline, they lose the right to claim damages from the defendant. Birth injury cases can have more complicated statutes of limitations than other kinds of medical malpractice claims.
A lawsuit is typically filed against the medical professional or hospital who caused the patient's injuries during labor and birth. These cases can be referred to birthing injury lawsuits or wrongful birth lawsuits however Florida's laws permit parents to file a malpractice suit for the death of a baby.
To prove medical malpractice, the injured party must prove that the doctor at fault did not follow the standard of care and consideration required by a different health care provider in similar circumstances. This includes failing to diagnose a serious illness, such as low levels of oxygen during childbirth that can cause cerebral palsy and brain damage.
The first step to file a birth defect lawsuit is to get in touch with an experienced attorney. Many attorneys provide free consultations and reviews of cases to potential clients. If an attorney believes the client's claim is legitimate they will look over the medical records of the client and then hire experts to evaluate the records. They will also assist with the preparation of documents and file the medical malpractice lawsuit in time.
Expert Witnesses
In a case that involves 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 because they must scrutinize a vast amount of data in order to make a decision based on facts, not opinion. They should also be able to testify about facts which may contradict their opinion.
In the Daubert Case the plaintiffs' expert suggested that Bendectin caused the birth defect of their child. The judge ruled that the evidence was "at the forefront of research in science where fact meets theories and the certainty is transformed 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 the plaintiffs, who had filed a lawsuit against pharmaceutical companies to achieve justice. There are many ways for a victim to bring a lawsuit based on a birth defect.
A Philadelphia birth defect lawyer can assist victims on whether they're eligible for a right to sue. A lawyer can help plaintiffs determine if they are qualified to file a lawsuit as an individual or a class action. In certain situations lawyers may be able to start a lawsuit for birth injuries as part of a multidistrict litigation (MDL). To start complete the form here for a free and confidential consultation with a professional attorney.
Representation
Although modern technology and recent advances in the field of medicine have significantly reduced the risk of complications during pregnancy and childbirth However, they aren't eliminated. If a birth defect injury occurs and the cause could have been avoided, parents may pursue legal action to cover costs associated with treatment.
Medical negligence claims typically stem from a doctor's failure to identify or treat a condition. A doctor may fail to perform an ultrasound or make a mistake in surgery, resulting in birth defects, such as spina bifida. Other causes that can lead to birth defect lawsuits include an ineffective medication for the mother or exposure to chemicals or other environmental hazards as the baby develops in the womb.
A birth defect can affect any part of a newborn's body, and affect their health, performance and appearance. In some cases, birth defects can reduce the life span of a child or trigger significant medical costs.
If you suspect your child's birth defect or injury was caused by negligence or medical malpractice during pregnancy or labor consult a certified birth defect attorney today. A lawyer can help you determine your options and make a claim before the statute of limitations runs out. A lawyer can also negotiate an agreement with the responsible parties for the injuries suffered by your infant.
