10 Birth Defect Claim That Are Unexpected

How to File a Birth Defect Lawsuit

Modern technology and medicine have dramatically decreased the risks of childbirth. But, a birth defect or injury still occurs frequently.

A birth defect lawsuit seeks to compensate your child for medical expenses, educational costs, and other losses. You must prove that the medical professional who was involved breached the standard of treatment prior to or during the birth or during pregnancy.

Damages

Pregnancy can be one of the most exciting, yet nerve-wracking events in a parent's lifetime. Parents want their children to be perfect and doctors do everything to avoid birth defects. Unfortunately, carelessness and negligence on the part of medical professionals can increase the chance of birth defects and injuries. Families who are shocked by this incident should think about taking legal action to remedy a birth defect.

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

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

If you suspect medical malpractice caused the birth injury or birth defect, it is recommended to consult a birth defect lawyer immediately. In some states, you only have one year to file a suit for medical malpractice. If you wait longer, it could mean that your child will never receive the justice they deserve.

Statute of Limitations

A statute of limitations is a law which defines the deadline for when a person is allowed to file a civil lawsuit. If someone misses the deadline, they lose their right to seek damages from the defendant. Birth injury claims may have a more complicated time limit than other medical malpractice claims.

A lawsuit is usually filed against the doctor or hospital who caused the patient's injuries during labor and delivery. These cases are sometimes referred to birthing injury lawsuits or wrongful birth lawsuits although Florida's laws permit parents to file a malpractice lawsuit for the death of an infant.

In order to prove medical negligence, the person who was injured must prove that the doctor responsible did not adhere to the level of care and consideration expected by another health healthcare provider in similar situations. This includes failing in diagnosing an illness that is serious for example, low oxygen levels during childbirth that cause cerebral palsy or brain damage.

The first step to file a birth defect lawsuit is to reach an experienced attorney. Most attorneys offer free consultations and case reviews to prospective clients. If the attorney believes a client has a valid claim they will look into medical records and employ experts to evaluate them. They will also help prepare documents and file the medical malpractice lawsuit in time.

Expert Witnesses

In a case that involves birth injuries, it is essential to have medical experts that can explain to jurors the medical procedures and practices. Expert witnesses aren't easy to work with as they must carefully examine massive quantities of information and make decisions based on evidence rather than their opinions. In addition, they must be able to testify regarding facts that might conflict with their opinions.

In the Daubert case the plaintiffs' experts suggested that Bendectin contributed to birth defects for their child. The judge concluded that the evidence was "at the cutting edge of scientific research, where evidence meets theories and certainty transforms into probabilities." However the judge did not believe there was sufficient evidence to prove that Bendectin caused birth defects.

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

A Philadelphia birth defect attorney can assist victims in determining 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 some instances, an attorney can start a lawsuit for birth injuries as part of multidistrict litigation. To get started, fill out the form below for a the opportunity to have a no-cost and confidential consultation with a professional attorney.

Representation

Modern technology and recent advances in the medical field may have reduced the risk of complications that can occur during pregnancy and childbirth, but they are not completely eliminated. Parents can seek legal action if they suffer a birth injury or defect occurs, and the cause could have been avoided.

Medical negligence claims typically stem from a doctor's failure to identify or treat a problem. For instance, a doctor could neglect to perform an ultrasound examination or make an error during surgery, resulting in a birth defect such as spina bifida. Birth defects can also be caused by improper medication that is taken by the mother, or exposure to chemicals and other environmental dangers during the development of the baby during the womb.

A birth defect can affect any part of a newborn's body and affect their health, performance and appearance. In some cases birth defects can significantly diminish a baby's lifespan or result in significant medical expenses.

If you think your child's birth defect or injury is the result of negligence or galgbtqhistoryproject.org medical malpractice during pregnancy or labor consult a certified birth defect attorney today. A lawyer can assist you discover your options and submit a claim before the statute of limitations runs out. A lawyer can also negotiate an agreement with the responsible parties for the injuries suffered by your infant.