How to File a Birth Defect Lawsuit

Modern medical and technological advances have significantly decreased the risks of childbirth. However, birth defects or injury is still a common occurrence.

A birth defect lawsuit seeks to recover for medical expenses of your child education costs, as well as other losses. To pursue an action, you must establish that medical professionals violated the standard of medical care prior to or during pregnancy or the birth of your child.

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 work to do all they can to stop williamsburg birth defect Law Firm defects from occurring. However, carelessness and negligence on the part of medical professionals can increase the chance of birth defects and injuries. In the event of this happening families that are shocked may want to seek justice through a birth defect lawsuit.

A successful birth defect lawsuit can result in damages for a multitude of different things. This includes the victim's pain 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 affected with their daily life.

Birth injuries and birth defects can be caused by a number of factors which include environmental exposures. Studies have revealed that certain chemicals like fungicides, pesticides lead, paints, and heavy metals can increase the risk of birth defects. Birth defect lawyers have filed lawsuits against companies that exposed employees to harmful chemicals as well as pharmaceutical companies that make drugs like DES that can cause birth deformities in fetuses.

If you suspect that your child's birth defect or injury was the result of medical malpractice, you should seek out a skilled birth defect lawyer as soon as possible. In some states, you only have one year to file a medical malpractice suit, and waiting any longer than that could mean losing the chance to receive the justice you are due for the injury your child sustained.

Statute of Limitations

A statute of limitations is a law that sets the time limit for someone to file an action in civil court. Anyone who fails to meet a deadline will lose the right to pursue a defendant for damages. Birth injury claims can have a more complicated time limit than other medical malpractice claims.

A lawsuit is typically brought against the hospital or doctor that caused an injury to patients during labor or birth. These cases are often called birthing injury lawsuits or wrongful birth suits, however, Florida's laws permit parents to pursue a medical malpractice suit in the event of a baby's death.

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

The first step in filing a birth defect lawsuit is to contact an experienced attorney. Many attorneys provide free consultations and case review to potential clients. If an attorney is convinced that the claim of a client is valid, they will review the medical records of the client and hire experts to evaluate the claims. They can also assist in the preparation of documents and filing the medical malpractice suit within time.

Expert Witnesses

In a case which involves birth injuries, it is vital to have medical experts who can provide a jury with the medical practices and procedures. However, expert witnesses aren't easy to work with because they must carefully examine massive amounts of information and make decisions based upon facts rather than their opinions. Furthermore, they should be willing to testify on facts that could contradict their views.

In the Daubert Case, the plaintiffs' expert believed that Bendectin is the reason for the birth defect of their child. The judge concluded 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 sufficient evidence to prove that Bendectin caused birth defects.

The Daubert decision was a blow to plaintiffs that had filed lawsuits against pharmaceutical companies in the hope of obtaining justice. There are many avenues for a person who has suffered injury to pursue a lawsuit over a birth defect.

A Philadelphia birth defect lawyer can assist victims on whether they're eligible for an opportunity to file a claim. Lawyers can assist clients determine if they're qualified to file a lawsuit on their own or a class action. In some instances an attorney may be able to start a lawsuit for birth injuries as part a multidistrict litigation. Please fill out the form below to receive a confidential and free consultation with an attorney.

Representation

Modern technology and recent advances in the medical field may have decreased the chance of complications arising during pregnancy and childbirth, however they're not entirely eliminated. If a birth defect injury occurs and the cause could have been avoided, parents can seek legal action to pay for the costs associated with treatment.

Medical negligence claims are usually based on a doctor's failure diagnose or treat a disease. A doctor might not perform an ultrasound or make a mistake during surgery, resulting in birth defects, such as spina bifida. Birth defects can be caused by the wrong medication taken by the mother, or exposure to chemicals and other environmental dangers that can affect the development of the baby in the womb.

A st george birth defect lawyer defect may affect any part of the newborn's body, affecting their appearance, health and functionality. In some instances birth defects may reduce the lifespan of a baby or result in significant medical expenses.

Contact a birth defect lawyer now if you believe the birth injury or defect was the result of medical negligence or negligence during labor or pregnancy. A lawyer can help explain your options and assist you to make a claim prior the time limit expiring. A lawyer might also be capable of negotiating an agreement on behalf of you with the parties accountable for your infant's injury.