10 Birth Defect Claim Tricks Experts Recommend
How to File a Birth Defect Lawsuit
Modern technology and advances in medicine have greatly reduced the risk of the birth of a child. Birth defects or injuries still occur often.
A birth defect lawsuit seeks to recover for your child's medical expenses or educational costs, among other losses. You must prove that the medical professional you are suing violated the standard treatment prior to or during pregnancy or delivery.
Damages
Pregnancy is one of the most exciting and nerve-wracking moments in the life of a mother. Parents want their babies to be perfect and doctors do everything they can to avoid birth defects. Medical negligence and inattention can increase the risk for birth defects and injuries. When this happens an astonished family should consider seeking justice through a birth defect lawsuit.
A successful birth defect lawsuit may result in damages for a multitude of different things. These include the victim's pain and suffering, loss of consortium, medical expenses and lost earning capacity. The amount of compensation the victim will be awarded is contingent on the severity of the child's illness and how much it has affected their standard of life.
Environmental exposures can cause birth defects and birth injuries. Studies have 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 employees to harmful chemicals, as well as pharmaceutical companies that produce drugs such as DES that can cause birth deformities in fetuses.
If you suspect that your child's birth defect, or birth injury is the result of medical malpractice, it is important to seek out a skilled birth defect lawyer as quickly as you can. In certain states, there's only one year to file a medical negligence suit, and waiting any longer than that could result in losing your chance to get the justice you need for your child's injuries.
Statute of Limitations
A statute of limitations is a law that defines the time limit for an individual to file an action in civil court. If a person fails to meet an expiration date will lose the right to pursue a defendant for damages. birth defect law firms injury cases have more complicated statutes of limitations than other types of medical malpractice claims.
A lawsuit is usually brought against the doctor or hospital who caused injury to an individual during labor and delivery. These cases are usually known as birthing injury lawsuits or wrongful birth suits though Florida's laws allow parents to make a claim for medical malpractice in the event of a baby's death.
In a lawsuit for medical malpractice the victim must prove the at-fault doctor did not follow the standards of care and consideration another health care provider would have utilized in similar circumstances. This includes failing diagnose serious conditions like low oxygen levels during childbirth which can lead to cerebral palsy and brain damage.
The first step to file a birth defect lawsuit is to get in touch with a skilled attorney. Most attorneys offer free consultations and reviews of cases to prospective clients. If an attorney believes that the claim of a client is legitimate they will examine the medical records of the client and employ experts to analyze the records. They will also assist with the preparation of documents and file the medical malpractice suit on time.
Expert Witnesses
In a case involving birth injuries it is essential to have experts who can explain medical procedures and practices to a jury. Expert witnesses can be difficult because they must carefully examine a large amount of information in order to make a decision based on fact rather than opinions. Additionally, they must be willing to testify about facts that might conflict with their positions.
In the Daubert case, the plaintiffs' experts claimed that Bendectin was the cause of birth defects in their child. The judge found that the evidence was at the "cutting edge of scientific research, where evidence meets theory and the certainty transforms into probabilities." However the judge did believe there was sufficient evidence that Bendectin doubled a baby's chance of developing birth defects.
The Daubert decision was a blow to plaintiffs who had filed lawsuits against pharmaceutical companies in seeking justice. Nonetheless, there are still various ways in which an injured person could pursue a birth defect lawsuit.
A Philadelphia birth defect lawyer can help victims determine if they have a case. A lawyer can decide if the plaintiff is eligible to file a lawsuit on their own or as part of an action class. In some cases, an attorney can bring a lawsuit on behalf of a birth injuries as part of a multidistrict lawsuit. To get started complete the form here for an initial consultation for free and confidential with a professional lawyer.
Representation
Modern technology and recent advancements in medicine may have decreased the chance of complications arising during pregnancy and childbirth but they are not completely eliminated. If a birth defect, or injury occurs and the cause could have been avoided, parents may seek legal action to cover the costs associated with treatment.
Medical negligence claims usually result from a doctor's inability to recognize or treat a condition. For instance, a doctor might fail to conduct an ultrasound exam or make a mistake during surgery, resulting in a birth defect, such as spina bifida. Other common causes of a birth defect lawsuit include inadequate medication for the mother or exposure to chemicals or other environmental dangers while the baby is developing in the womb.
A birth defect can affect any part of the newborn's body that can affect their health, appearance and functioning. In certain cases birth defects may reduce the life expectancy of a newborn or lead to substantial medical expenses.
If you suspect your child's birth defect or injury was the result of medical malpractice or negligent care during pregnancy or labor consult a certified birth defect attorney today. A lawyer can assist you in understanding your options and assist you to file a claim prior to the deadline for filing. A lawyer may also be in a position to negotiate a settlement on your behalf with the responsible parties for your child's injuries.
