How to File a Birth Defect Lawsuit
Modern medicine and technology have greatly decreased the risks of childbirth. However, birth defects or injury still occurs frequently.
A birth defect lawsuit seeks to compensate your child for medical expenses, education costs and other damages. You must prove that the medical professional in question violated the standard care prior to or during the birth or during pregnancy.
Damages
Pregnancy is one of the most exciting and stressful experiences a parent can experience. Parents want their babies to be perfect, and doctors attempt to do everything possible to stop birth defects from occurring. Unfortunately, carelessness and negligence on the part of medical professionals can increase the chance of birth injuries and birth defects. In the event of this happening families that are shocked ought to consider pursuing justice through a birth defect lawsuit.
A successful birth defect lawsuit can result in damages for a multitude of different things. These include a victim's suffering and suffering and loss of consortium medical expenses, and loss of earning capacity. The amount of damages a victim will receive will depend on the degree of their child's health and the extent to which it has interfered with their quality of life.
Birth injuries and birth defects can be caused by a number of causes such as environmental exposures. Studies have revealed that certain chemicals like pesticides, fungicides and lead, as well paints, and heavy metals can increase the likelihood of birth defects.
Birth defect lawyers have brought suits against businesses that have exposed workers to these harmful chemicals, and also against pharmaceutical companies that have developed drugs that could cause birth defects in fetuses like DES.
If you suspect that medical error caused your child's birth injury or birth defect, you should consult a lawyer for birth defects immediately. In certain states, you have only one year to file a lawsuit claiming medical malpractice. If you put off filing a lawsuit for a longer period it could mean that your child will never 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 suit. A person who misses the deadline will lose the right to claim damages against a defendant. Birth injury claims can be more complex in terms of the time limit than other medical malpractice claims.
A lawsuit is typically filed against the doctor or hospital that caused a patient's injuries during labor and delivery. These types of cases are typically called birthing injuries lawsuits or wrongful birth suits, although Florida's laws allow parents to file a medical malpractice suit for the death of an infant.
In a medical malpractice case the plaintiff must prove that the doctor at fault was not adhering to the standards of care and consideration another medical professional would have utilized in similar circumstances. This includes failing to recognize an illness that is serious, for example, low oxygen levels in childbirth that can cause cerebral palsy and brain damage.
Contacting a reputable attorney is the first step to filing a lawsuit for birth defects. The majority of lawyers offer free consultations to prospective clients. If an attorney is convinced that a client's claim is valid they will go over the medical records of the client, and they will hire experts to assess the evidence. They can also assist in the preparation of documents and file the medical malpractice lawsuit within the timeframe.
Expert Witnesses
In a birth injury case, it is important to have experts who can explain medical practices and procedures to a jury. Expert witnesses can be difficult as they must carefully examine a large amount of information in order to make a decision based on facts, not opinions. They should also be prepared to testify about facts that might contradict their opinions.
In the Daubert case, the plaintiffs' experts argued that Bendectin was the cause of their child's birth defects. The judge found that the evidence was on the "cutting edge of scientific research, where evidence is matched by theory, and certainty turns into probabilities." However the judge did not believe that there was sufficient evidence to support the claim that Bendectin doubled a baby's risk of developing birth defects.
The Daubert ruling was a setback for the plaintiffs who had sued pharmaceutical companies in order to obtain justice. There are many ways that the injured party could pursue a lawsuit for birth defects.
A Philadelphia birth defect lawyer can assist those suffering from birth defects to determine whether they have a case. Lawyers can assist clients determine if they're qualified to file a lawsuit as an individual or a class action. In certain cases, an attorney can file a lawsuit for birth injuries as part of a multidistrict litigation. To begin, fill out the form on this page for the opportunity to have a no-cost and confidential consultation with a licensed attorney.
Representation
Modern technology and recent advancements in medical technology may have reduced the chance of complications arising during childbirth and pregnancy, but they're not completely eliminated. If a birth defect or injury occurs and the cause was preventable, parents may pursue legal action to recover the costs related to treatment.
Medical negligence claims typically stem from a doctor's failure to diagnose or treat a condition. A doctor may not perform an ultrasound or make a mistake during surgery, resulting in birth defects such as spina bifida. birth defects (
dancelover.tv) can also be caused by improper medication taken by the mother or exposure to chemicals or other environmental hazards during the baby's development in the womb.
A birth defect can affect any part of a newborn's body, and affect their health, functioning and appearance. In certain instances birth defects can significantly diminish a baby's life expectancy, or cause significant medical expenses.
Contact an attorney for birth defects today if you believe that your child's birth defect or birth injury was caused by medical negligence or negligence during labor or pregnancy. A lawyer can assist you to understand your options and make a claim before the statute of limitations expires. A lawyer can also negotiate an agreement with the responsible parties for the harm to your child.