How Much Can Birth Defect Claim Experts Make

How to File a Birth Defect Lawsuit

Modern technology and medicine have dramatically reduced the risks of childbirth. However, birth defects or injury still occurs frequently.

A birth defect lawsuit seeks to compensate your child for medical expenses, education costs and other losses. You must prove that the medical professional involved violated the standard care prior to or during pregnancy or delivery.

Damages

Pregnancy is among the most exciting and stressful times in a parent's life. Parents want their babies to be perfect, and doctors strive to do all they can to prevent birth defects from happening. However, carelessness and negligence on the part of medical practitioners can increase the chance of birth injuries and birth defects. When this occurs an astonished family might want to pursue justice via a birth defect lawsuit.

A successful birth defect lawsuit could result in damages for a variety of different things. This can include the suffering and suffering as well as loss of consortium, medical expenses and lost earning capacity. The amount of damages the victim will be awarded is contingent on the severity of the child's condition and how it has affected their standard of living.

Birth injuries and birth defects can be caused by a variety of causes such as exposure to environmental factors. Studies have proven that certain chemicals, like fungicides, pesticides and lead, as well as paints, and heavy metals can increase the risk of birth defects. Birth defect lawyers have brought suits against businesses that have exposed workers to these harmful chemicals, and also against pharmaceutical companies that have made medications that can cause birth defects in fetuses, like DES.

If you suspect that medical negligence caused the birth injury of your child or birth defect, it is recommended to consult a lawyer for birth defects immediately. In some states, you only have one year to file a medical malpractice suit, and if you wait longer than that could mean losing your chance to obtain the justice you need for your child's injuries.

Statute of Limitations

A statute of limitations is a law that establishes the deadline for a person to file an action in civil court. If someone misses the deadline, they will lose their right to recover damages from the defendant. Birth injury cases may have more complicated statutes of limitations than other types of medical malpractice cases.

A lawsuit is typically filed against the doctor or the hospital who caused the patient's injuries during labor and birth. These cases are often known as birthing injuries suits or wrongful birth lawsuits although Florida's laws permit parents to file a malpractice suit for the death of a child.

To prove medical malpractice, the party who suffered will need to show that the doctor at fault was not able to meet the standard of care and consideration required by a different health care provider in similar circumstances. This could include failing to recognize a serious condition such as low oxygen levels in childbirth which can result in cerebral palsy and brain damage.

A qualified attorney should be the first step in filing an action for birth defects. The majority of lawyers offer free consultations to prospective clients. If an attorney believes that the client's claim is legitimate they will go over the medical records of the client and then hire experts to assess the claims. They can also assist in the preparation of documents and file the medical malpractice lawsuit in time.

Expert Witnesses

In the case of a birth injury it is crucial to have experts who can explain medical practices and procedures to a jury. However, expert witnesses aren't easy to work with as they must carefully examine massive amounts of data and make decisions based on the facts rather than their opinions. They must also be willing to testify on facts that could contradict their positions.

In the Daubert case, the plaintiffs' experts argued that Bendectin had caused their child's birth defects. The judge concluded that the evidence was at the "cutting edge of research in science, where reality is matched by theory, and certainty turns into probabilities." However the judge did believe that there was sufficient evidence that Bendectin doubled a baby's risk of developing birth defects.

The Daubert ruling was a setback for the plaintiffs, who had filed a lawsuit against pharmaceutical companies in order to obtain justice. Nonetheless, there are still numerous avenues that an injured person can pursue a lawsuit for birth defects.

A Philadelphia birth defect lawyer can assist those suffering from birth defects to determine whether they're eligible for a claim. Lawyers can assist plaintiffs determine whether they are eligible to file a lawsuit as an individual or a class action. In certain cases lawyers can file a birth injury lawsuit in the context of multidistrict litigation (MDL). Fill out the form below to receive a private and free consultation with an attorney.

Representation

Although the latest technology and advances in medicine have significantly reduced the risk of complications during pregnancy and childbirth however, they are not completely eliminated. If a birth defect, or injury occurs, and the cause was preventable parents may seek legal action to pay for the costs related to treatment.

Medical negligence claims tend to be due to a doctor's failure to diagnose or treat an illness. A doctor might fail to diagnose an ultrasound or make a mistake in surgery, resulting in birth defects 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 during the womb.

A birth defect can affect any part of a newborn's body and affect their health, function and appearance. In some instances birth defects can significantly diminish a baby's life expectancy or result in significant medical costs.

Contact an attorney for birth defects now if you believe your child's birth injury or defect was the result of medical negligence or malpractice during pregnancy or labor. A lawyer can provide you with your options and assist you to make a claim before the statute of limitations expiring. A lawyer might also be capable of negotiating the settlement on your behalf with the parties responsible for the injuries your infant sustained.