Birth Defect Claim Tips From The Best In The Business

How to File a Birth Defect Lawsuit

Modern medicine and technology have greatly reduced the risks of childbirth. But, a birth defect or injury is still a common occurrence.

A birth defect lawsuit seeks to pay your child's medical expenses, 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 pregnancy or birth.

Damages

Pregnancy is one of the most exciting and stressful moments in the life of a parent. Parents want their babies to be perfect, and doctors try to do all they can to stop birth defects from occurring. Unfortunately, carelessness and negligence on the part of medical professionals can increase the chance of birth injuries and defects. In the event of this happening the family of the victim ought to consider pursuing justice through a Flower Hill Birth Defect Lawyer defect lawsuit.

A successful birth defect lawsuit may result in damages for a multitude of different things. This includes pain and suffering for the victim as well as loss of consortium and medical expenses, as well as loss of earning capacity. The amount of damages a person suffers will depend on the severity of their child's medical condition and the extent to which it has impacted with their daily life.

Birth injuries and birth defects can be caused by a variety of factors which include exposure to environmental factors. Research has shown that certain chemicals such as pesticides, fungicides, lead, 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 against pharmaceutical companies that have developed drugs that can cause birth defects in fetuses, like DES.

If you suspect that medical malpractice caused the birth injury or purcellville birth defect law firm defect, you must seek out a birth defect lawyer immediately. In certain states, you are given one year to file a lawsuit claiming medical malpractice. If you wait this could mean that your child won't get the justice they deserve.

Statute of Limitations

A statute of limitations is a law that defines the time frame for which a person has to file a civil action. If a claimant fails to file by the deadline, they will lose their right to seek damages from a defendant. Birth injury claims have a more complicated statute of limitations than other medical malpractice claims.

A lawsuit is usually filed against the hospital or doctor who caused injury to patients during labor or birth. These cases are often called birthing injury suits or wrongful birth lawsuits although Florida's laws permit parents to file a malpractice suit for the death of a child.

In a case of medical malpractice the injured party must prove the at-fault doctor did not follow the standards of care and consideration any other medical professional would have applied in similar circumstances. This includes failing in diagnosing an illness that is serious for example, low oxygen levels during childbirth that cause cerebral palsy and brain damage.

Contacting a qualified attorney is the first step to file a lawsuit against birth defects. Many attorneys provide free consultations to prospective clients. If the attorney believes a client has a valid claim, they will look over medical records and employ experts to examine them. They will also assist in preparing documents and file the medical malpractice lawsuit in time.

Expert Witnesses

In the case of a birth injury, it is important to have experts who can explain medical procedures and practices to jurors. Expert witnesses can be difficult because they have to scrutinize a vast amount of data to make decisions based on facts, not opinion. They must also be willing to testify about facts that could contradict their beliefs.

In the Daubert Case the plaintiffs' expert suggested that Bendectin is the reason for the birth defect of their child. The judge ruled that the evidence was "at the forefront of scientific research, where science 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 sued pharmaceutical companies to try and get justice. However, there are various ways in which an injured person can pursue a lawsuit for birth defects.

A Philadelphia birth defect lawyer can advise victims about whether they have claims. A lawyer can help plaintiffs determine whether they are qualified to file a personal lawsuit or a class action. In certain situations lawyers may be able to file a birth injury lawsuit as part of multidistrict lawsuit (MDL). To begin by filling out the form on this page for an initial consultation for free and confidential with a professional lawyer.

Representation

Modern technology and recent advancements in medicine may have reduced the risk of complications occurring during pregnancy and childbirth, however they're not entirely eliminated. Parents can seek legal action if a birth defect or Flower Hill Birth Defect Lawyer birth injury occurs, and the cause could have been avoided.

Medical negligence claims typically result from a doctor's inability to properly diagnose or treat a condition. For example, a physician may fail to conduct an ultrasound screening or make a mistake during surgery, resulting in a birth defect such as spina bifida. Other causes for a birth defect lawsuit include improper medication for the mother or exposure to chemicals or other environmental hazards when the baby develops in the womb.

A birth defect can affect any part of a newborn's body and affect their health, function and appearance. In some instances, a birth defect can dramatically reduce a child's life expectancy or lead to a significant amount of medical costs.

If you think the birth defect or injury was due to negligence or medical malpractice during pregnancy or labor consult a certified birth defect lawyer today. A lawyer can explain your options and help file a claim prior to the deadline for filing. A lawyer might also be able to negotiate settlements on your behalf with the parties responsible for your infant's injury.