How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have drastically reduced the risk of childbirth. Birth defects or injuries continue to occur often.

A birth defect lawsuit seeks to compensate your child for medical expenses, education costs and other losses. To pursue such an action, you must establish that medical professionals violated the standard of medical care prior to pregnancy or during the delivery.

Damages

Pregnancy is among the most exciting and nerve-wracking times in a parent's life. Parents want their babies perfect, and doctors do their best to avoid birth defects. Inattention to medical issues and negligence can increase the risk for birth defects and injuries. Families who are shocked by this circumstance should think about the possibility of suing over a birth defect.

A successful birth defect lawsuit could result in damages for a variety of different things. This includes the victim's pain and suffering, loss of consortium, medical expenses, and loss of earning capacity. The amount of damages a victim receives will depend on the severity of their child's illness and the extent to which it has interfered in their quality of life.

Birth defects and birth injuries can be caused by a number of factors, including environmental exposures. Studies have proven that certain chemicals such as pesticides, fungicides and lead, as well paints and heavy metals may increase the chances of birth defects. Birth defect lawyers have filed lawsuits against companies that exposed workers to harmful chemicals and pharmaceutical companies that manufacture drugs like DES that can cause birth defects in fetuses.

If you believe that your child's birth defect or birth injury was the result of medical malpractice, it is important to speak with a skilled hyattsville birth defect law firm defect lawyer as quickly as possible. In certain states, you have only one year to file a suit for medical malpractice. If you wait it could mean that your child won't get the justice they deserve.

Statute of limitations

A statute of limitation is a law that establishes the time limit for filing a civil lawsuit. A person who misses the deadline will lose the right to seek damages from a defendant. Birth injury claims can be more complex in terms of the statute of limitations than other medical malpractice claims.

A lawsuit is usually filed against the doctor or the hospital that caused a patient's injuries during labor and birth. These cases are usually known as birthing injury lawsuits or wrongful birth suits, however Florida's laws permit parents to bring a medical malpractice lawsuit for an infant's death.

In a medical malpractice lawsuit the victim must prove that the doctor at fault was not adhering to the standards of care and consideration another medical professional would have applied in similar circumstances. This could include failing to recognize a serious condition such as low levels of oxygen in the childbirth process which can lead to cerebral palsy and brain damage.

A qualified attorney should be the first step to file a lawsuit against birth defects. The majority of lawyers offer free consultations for potential clients. If the attorney is convinced that a client has a valid claim, they will review medical records and employ expert witnesses to assess them. 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 essential to have medical experts that can provide a jury with the medical procedures and practices. Expert witnesses can be difficult to testify because they must carefully examine the vast amount of information to make decisions based on fact rather than opinions. They must also be willing to testify on evidence that might contradict their opinions.

In the Daubert case, the plaintiffs' experts suggested that Bendectin contributed to the birth defects of their child. The judge found that the evidence was on the "cutting edge of research in science, where reality is matched by theory, and certainty turns into probability." However the judge did not believe there was sufficient evidence that Bendectin increased the chance of developing birth defects.

The Daubert ruling was a setback for plaintiffs, who had filed a lawsuit against pharmaceutical companies in order to obtain justice. There are many ways for a person who has suffered injury to file a lawsuit for a birth defect.

A Philadelphia birth defect lawyer can assist victims in determining if they have a case. A lawyer can determine if the plaintiff is eligible to file a suit on their own or as part of an action class. In some instances attorneys can bring a lawsuit on behalf of a birth injuries as part an interdistrict litigation. To begin complete the form on this page for a free and confidential consultation with a reputable lawyer.

Representation

Modern technology and recent advances in medical technology may have reduced the risk of complications occurring during pregnancy and childbirth, however they're not completely eliminated. Parents can seek legal action if they suffer a birth injury or defect occurs, and the cause could have been prevented.

Medical negligence claims typically result from a doctor's inability to properly diagnose or treat a problem. For example, a physician could neglect to perform an ultrasound test or make mistakes during surgery, which could result in a Adelanto Birth Defect Attorney defect similar to spina bifida. Birth defects can be caused by a wrong medication taken by the mother, or exposure to chemicals or other environmental dangers that can affect the development of the baby in the womb.

A birth defect can affect any part of a newborn's body and impact their health, function and appearance. In certain instances, a birth defect can drastically reduce a baby's life expectancy or result in significant medical costs.

If you suspect the birth defect or injury was caused by medical malpractice or negligent care during labor or pregnancy get in touch with a reputable franklin birth defect lawsuit defect attorney today. A lawyer can help discover your options and make a claim prior to the statute of limitations runs out. A lawyer can also negotiate an agreement with the parties accountable for the injury of your child.