10 Birth Defect Claim That Are Unexpected

How to File a Birth Defect Lawsuit

Modern medical and technological advances have significantly reduced the risk of childbirth. Birth defects or injuries continue to occur frequently.

A birth defect lawsuit seeks to pay your child's medical expenses, education costs and other losses. To pursue such a claim, you need to prove that a medical professional violated the standard of medical care prior to pregnancy or during the delivery.

Damages

Pregnancy is among the most exciting and nerve-wracking moments in the life of a mother. Parents want their babies to be perfect, and doctors attempt 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 defects. If this happens the family of the victim should consider seeking justice through a birth defect lawsuit.

A successful birth defect lawsuit can result in damages for a variety of different things. These include a victim's pain and suffering, loss of consortium, medical expenses, and loss of earning capacity. The amount of damages a person suffers will depend on the severity of their child's illness and the extent that it has affected with their daily life.

Environmental exposures can lead to birth defects and birth injuries. Studies have proven that pesticides, such as lead and fungicides as well as heavy metals, paints, and heavy metals, may increase the risk of birth defects. Birth defect lawyers have filed lawsuits against companies that exposed employees to harmful chemicals and pharmaceutical companies that make drugs such as DES that may cause birth defects in fetuses.

If you suspect 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 quickly as you can. In some states, you only have one year to file a medical negligence suit, and waiting longer than that can mean losing your chance to obtain the justice you are due for the injury your child sustained.

Statute of limitations

A statute of limitation is a law that defines the deadline for a person to file a civil lawsuit. If a person misses the deadline, they will lose the right to claim damages from the defendant. Birth injury cases may have more complicated statutes of limitations than other kinds of medical malpractice claims.

A lawsuit is typically filed against the medical professional or hospital that caused injuries to a patient during labor and birth. These cases are commonly referred to as birthing injury lawsuits or wrongful birth suits, however, Florida's laws permit parents to file a medical malpractice suit for the death of an infant.

In a case of medical malpractice the plaintiff must prove that the doctor at fault did not follow the expected level of care and consideration another health care provider would have followed in similar circumstances. This could include failing to recognize a serious illness, such as low oxygen levels during childbirth that can cause cerebral palsy and brain damage.

Finding a reputable attorney is the first step towards filing a lawsuit for birth defects. Most attorneys offer free consultations and case reviews to prospective clients. If the attorney believes that a client has a valid case, they will examine medical records and engage experts to evaluate the case. They will also assist with 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 procedures and practices to jurors. Expert witnesses aren't easy to work with since they must carefully examine massive amounts of evidence and be able to make decisions based on the facts rather than their opinions. They must also be willing to testify about facts that could contradict their views.

In the Daubert Case the plaintiffs' expert argued that Bendectin was responsible for their child's birth defect. The judge ruled that the evidence was "at the cutting edge of research in science where fact meets theories, and certainty dissolves into probabilities." However the judge was not convinced there was enough evidence to conclude that Bendectin caused birth defects.

The Daubert decision was a setback to plaintiffs who had sued pharmaceutical companies in an attempt to get justice. There are numerous avenues for a victim to file a lawsuit for a birth defect.

A Philadelphia birth defect lawyer can help victims on whether they're eligible for a right to sue. Lawyers can assist plaintiffs determine if they are eligible to file a lawsuit as an individual or a class action. In certain instances lawyers can file a birth injury lawsuit as part of a multidistrict litigation (MDL). Complete the form below to get a confidential and free consultation with an attorney.

Representation

Modern technology and recent advancements in the medical field may have reduced the risk of complications occurring during pregnancy and childbirth but they're still not completely eliminated. If a birth defect injury occurs and the cause was preventable parents may seek legal action to cover costs associated with treatment.

Medical negligence claims often result from a doctor's inability to identify or treat a problem. For example, a physician may not perform an ultrasound exam or birth defect lawsuits make an error during surgery, resulting in a birth defect such as spina bifida. Other common causes of birth defect lawsuits include inadequate medication for the mother or exposure to chemicals or other environmental hazards while the baby develops in the womb.

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

If you suspect that your child's birth defect or injury is the result of negligence or medical malpractice during labor or birth consult a certified birth defect lawyer today. A lawyer can assist you understand your options and submit a claim before the statute of limitations runs out. A lawyer can also negotiate a settlement with the parties accountable for the harm to your child.