How to File a Birth Defect Lawsuit
Modern technology and advances in medicine have drastically reduced the risks associated with the birth of a child. Birth defects or injuries still occur frequently.
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birth defect lawsuit seeks compensation for medical expenses of your child as well as educational costs and other losses. You must prove that the medical professional who was involved breached the standard of treatment during or prior to the birth or during pregnancy.
Damages
Pregnancy is one of the most exciting and stressful times in a parent's life. 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 risk of birth injuries and defects. In the event of this happening the family of the victim might want to pursue justice via a birth defect lawsuit.
A successful birth defect lawsuit can 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 loss of earning capacity. The amount of compensation a victim will receive depends on the degree of the child's health and how it has affected their quality of life.
Environmental exposures can lead to birth defects and birth injuries. Research has shown that pesticides such as lead and fungicides and heavy metals, paints, and heavy metals, may increase the risk of birth defects.
Birth defect lawyers have filed suits against companies that exposed workers to harmful chemicals, and also against pharmaceutical companies who have manufactured products that cause birth defects in fetuses like DES.
If you suspect that your child's birth defect or birth injury was the result of medical malpractice, it is important to speak with a skilled birth defect lawyer as soon as you can. In certain states, you have only one year to file a medical malpractice lawsuit, and waiting more than that can mean losing your chance of getting the justice you have earned for your child's injury.
Statute of limitations
A statute of limitations is a law that defines the deadline for a person to file a civil lawsuit. If a person misses the deadline, they lose the right to claim damages from a defendant. Birth injury cases can have a more complicated statute of limitations than other medical malpractice claims.
A lawsuit is typically filed against the doctor or hospital who caused injury to a patient during labor and birth. These cases are often referred to birthing injury suits or wrongful birth lawsuits, however Florida's laws allow parents to file a malpractice lawsuit for the death of an infant.
To prove medical malpractice, the victim will need to show that the doctor at fault did not follow the standard of care and consideration required by a different health healthcare provider in similar situations. This could include failing to recognize an illness that is serious, for example, low levels of oxygen during childbirth which can result in cerebral palsy and brain damage.
The first step to file a birth defect lawsuit is to reach a skilled attorney. A majority of attorneys offer free consultations to prospective clients. If the attorney believes that a client has a valid claim they will review medical records and employ expert witnesses to assess their credibility. They will also assist in preparing documents and filing the medical malpractice lawsuit within 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. Expert witnesses can be difficult to testify because they must scrutinize the vast amount of information to be able make decisions that are based on evidence rather than opinion. They should also be able to provide evidence on matters that could contradict their opinion.
In the Daubert case, the plaintiffs' experts suggested that Bendectin was the cause of birth defects in their child. The judge concluded that the evidence was "at the cutting-edge of scientific research where fact meets theories, and certainty dissolves into probabilities." However the judge did not believe there was enough evidence to conclude that Bendectin caused birth defects.
The Daubert decision was a blow to plaintiffs that had filed a lawsuit against pharmaceutical companies the hope of obtaining justice. Nonetheless, there are still many ways that an injured person can pursue a birth defect lawsuit.
A Philadelphia birth defect lawyer can assist victims on whether they have claims. Lawyers can determine if an individual plaintiff is eligible to file a lawsuit on their own or as part of a class action. In some cases lawyers may be able to bring a birth injury lawsuit in the context of multidistrict litigation (MDL). Please fill out the form below for a confidential and free consultation with an attorney.
Representation
Although the advancements in technology and advances in the field of medicine have drastically reduced the chance of complications during childbirth and pregnancy, they are not entirely eliminated. When a birth defect or injury occurs and the cause was preventable parents can pursue legal action to recover the costs associated with treatment.
Medical negligence claims often result from a doctor's inability to diagnose or treat a problem. For instance, a doctor might fail to conduct an ultrasound screening or make mistakes during surgery, resulting in a birth defect similar to spina bifida. Other causes that can lead to a birth defect lawsuit include insufficient medication for the mother or exposure to chemicals or other environmental hazards as the baby develops in the womb.
A birth defect can affect any part of the body of a baby and affect their health, functioning and appearance. In some cases birth defects may reduce a baby's lifespan or cause substantial medical expenses.
Contact a birth defect lawyer today if you suspect that the birth injury or defect was caused by medical negligence or mistakes during labor or pregnancy. A lawyer can help determine your options and file a claim before the statute of limitations expires. A lawyer can also negotiate an agreement with the parties responsible for the injury of your infant.