How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have drastically reduced the risks associated with childbirth. But, a birth defect or injury can still happen frequently.

A birth defect lawsuit seeks compensation for medical expenses of your child education costs, as well as other expenses. You must prove that the medical professional involved breached the standard of treatment prior to or during the pregnancy or birth.

Damages

Pregnancy can be one of the most exciting, yet nerve-wracking experiences in the life of a parent. Parents want their children to be perfect and doctors do everything to prevent birth defects. Inattention to medical issues and negligence can increase the risk for birth defects and injuries. When this occurs the family of the victim ought to consider pursuing justice through a Birth Defect Attorney - Vimeo.Com - defect lawsuit.

A successful birth defect suit can result in damages for a variety of different things. This includes suffering for the victim as well as loss of consortium, medical expenses, 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 that it has affected in their quality of life.

Environmental exposures can cause birth defects and birth injuries. Studies have shown that pesticides, such as lead and fungicides, as well paints, heavy metals and heavy metals, can increase the risk of birth defects. Birth defect lawyers have brought lawsuits against companies that exposed workers to harmful chemicals, and against pharmaceutical companies that have made products that cause birth defects in fetuses such as DES.

If you believe that your child's birth defect, or birth injury is the result of medical malpractice, it is important to speak with a skilled birth defect lawyer as soon as possible. In some states, you are given one year to file a lawsuit for medical malpractice. If you delay and you don't, your child won't get the justice they deserve.

Statute of limitations

A statute of limitations is a law that determines the deadline for when a person is allowed to file a civil claim. Anyone who fails to meet a deadline will lose the right to seek damages from a defendant. Birth injury cases can have more complex statutes of limitations than other kinds of medical malpractice claims.

A lawsuit is usually filed against the hospital or doctor that caused injuries to a patient during labor and delivery. These types of cases are typically called birthing injury lawsuits or wrongful birth suits though Florida's laws allow parents to bring a medical malpractice lawsuit in the event of a baby's death.

To prove medical malpractice, the victim will need to show that the doctor who was at fault did not adhere to the standard of care and consideration expected by another health care provider in similar circumstances. This includes failing to diagnose an illness that is serious, for example, low oxygen levels during childbirth which could lead to cerebral palsy and birth defect attorney brain damage.

The first step to file a birth defect lawsuit is to speak with an experienced attorney. Many attorneys provide free consultations to potential clients. If an attorney is convinced that the claim of a client is legitimate, they will review the medical records of the client and hire experts to evaluate them. They can also assist in the preparation of documents and file the medical malpractice lawsuit on time.

Expert Witnesses

In a case involving a birth injury, it is important to have experts who can explain medical procedures and practices to a jury. Expert witnesses can be difficult as they must scrutinize an extensive amount of information in order to make a decision based on fact rather than opinions. They should also be prepared to testify about facts that may conflict with their position.

In the Daubert Case, the plaintiffs' expert suggested that Bendectin caused the birth defect in their child. The judge ruled that the evidence was "at the cutting edge of research in science where fact meets theories and certainty transforms into probabilities." However the judge was not convinced there was sufficient evidence to prove that Bendectin caused birth defects.

The Daubert decision was a setback to plaintiffs who had filed suit against pharmaceutical companies in seeking justice. There are a variety of avenues for a person who has suffered injury to bring a lawsuit based on the birth defect.

A Philadelphia birth defect lawyer can assist those suffering from birth defects to determine whether they're eligible for a claim. Lawyers can assist clients determine if they're eligible to file a lawsuit on their own or a class action. In certain cases lawyers can make a birth injury claim as part of multidistrict lawsuit (MDL). Fill out the form to receive a confidential and free consultation with an attorney.

Representation

While modern technology and recent advances in medicine have drastically reduced the chance of complications during pregnancy and childbirth, they are not entirely eliminated. Parents may pursue legal action if a birth injury or defect occurs, and the cause could have been avoided.

Medical negligence claims typically stem from a doctor's failure to recognize or treat a problem. A doctor may fail to diagnose an ultrasound or make a mistake in surgery, resulting in a birth defect such as spina bifida. Birth defects can also be caused by improper medication taken by the mother, or exposure to chemicals and other environmental dangers during the development of the baby during the womb.

A birth defect could affect any part of the newborn's body and affect their health, appearance and function. In some cases birth defects can decrease the life span of a child or trigger significant medical expenses.

Contact a birth defect lawyer today if you believe that the birth defect or injury was caused by medical negligence or carelessness during labor or birth. A lawyer can assist you to understand your options and file a claim before the statute of limitations expires. A lawyer can also negotiate an agreement with the responsible parties for the injuries suffered by your child.