What Experts Say You Should Be Able To

How to File a Birth Defect Lawsuit

Modern technology and advancements in medicine have dramatically reduced the risk of childbirth. But, a birth defect or injury can still happen frequently.

A birth defect lawsuit seeks to recover for medical expenses of your child or educational costs, among other losses. To be able to pursue a claim, you need to demonstrate that a medical professional did not meet the standard of care before or during pregnancy or delivery.

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 they can to avoid birth defects. However, carelessness and negligence on the part of medical practitioners can increase the chance of troy birth defect law firm injuries and birth defects. A family that is stricken by this incident should think about seeking legal action for a birth defect.

A successful birth defect lawsuit could result in damages for a number of different things. These include the victim's pain and suffering and loss of consortium, medical expenses, and loss of earning capacity. The amount of damages a person suffers will depend on the degree of their child's health and the extent to which it has interfered with their daily life.

Environmental exposures can lead to maumelle birth defect attorney defects and birth injuries. Studies have shown that pesticides, such as lead and fungicides as well as paints, heavy metals and heavy metals can increase the risk of birth defects. Birth defect lawyers have brought suits against companies that exposed workers to toxic chemicals, as well against pharmaceutical companies that have produced products that cause birth defects in fetuses, such as DES.

If you suspect that your child's birth defect or birth injury was caused by medical negligence, you must speak with a skilled birth defect lawyer as soon as possible. In some states, you have only one year to file a lawsuit claiming medical malpractice. If you wait, it could mean that your child will never get the justice they deserve.

Statute of Limitations

A statute of limitations is a law that defines the time limit for a person to file a civil lawsuit. If someone misses the deadline, they will lose the right to claim damages from the defendant. Birth injury claims may be more complex in terms of the statute of limitations than other medical malpractice claims.

A lawsuit is typically filed against the doctor or the hospital that caused injuries to a patient during labor and delivery. These cases are commonly known as birthing injury lawsuits or wrongful birth suits, although Florida's laws allow parents to bring a medical malpractice lawsuit for the death of an infant.

In a medical malpractice case the plaintiff must prove the at-fault doctor did not follow the standard of care and consideration that another medical professional would have utilized in similar circumstances. This includes failing to diagnose a serious condition like low levels of oxygen in the childbirth process which can cause cerebral palsy or brain damage.

The first step in filing a birth defect lawsuit is to get in touch with a skilled attorney. The majority of lawyers offer free consultations and reviews of cases to prospective clients. If an attorney believes that the claim of a client is legitimate they will examine the medical documents of the client, and they will hire experts to evaluate the evidence. They can also assist in the preparation of documents and filing the medical malpractice suit within time.

Expert Witnesses

In a case that involves birth injuries, it's essential to have medical experts who can explain to jurors the medical practices and procedures. Expert witnesses aren't easy to work with because they must carefully examine massive amounts of evidence and be able to make decisions based upon facts rather than opinions. They must also be able to testify regarding facts that could contradict their beliefs.

In the Daubert Case the plaintiffs' expert suggested that Bendectin was the cause of the birth defect in their child. The judge found that the evidence was on the "cutting edge of scientific research, where fact meets theory and certainty dissolves into probabilities." However the judge did consider there was enough evidence that Bendectin doubled a baby's chance of developing birth defects.

The Daubert ruling was a setback to the plaintiffs, who had sued pharmaceutical companies in order to obtain justice. There are numerous avenues that the injured party could pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer can provide victims with advice about whether they are eligible for claims. A lawyer can determine whether the plaintiff is eligible to file a lawsuit individually or as part of an action class. In certain cases, a lawyer can start a lawsuit for birth injuries as part of multidistrict litigation (MDL). To start you must fill out the form on this page to request a an initial consultation for free and confidential with a licensed attorney.

Representation

While modern technology and recent advances in the field of medicine have significantly reduced the risk of complications during pregnancy and childbirth However, they aren't eliminated. When a birth defect or injury occurs, and the cause was preventable parents can seek legal action to cover the costs associated with treatment.

Medical negligence claims are typically based on a doctor's failure diagnose or treat a condition. For example, a physician may fail to conduct an ultrasound examination or make mistakes during surgery, resulting in a birth defect similar to spina bifida. Birth defects can be caused by the wrong medication that is taken by the mother or exposure to chemicals and other environmental dangers during the child's development during the womb.

A birth defect can affect any part of a newborn's body, and Birth Defect Lawyer affect their health, functioning and appearance. In certain instances, a birth defect can severely reduce a baby's life expectancy or lead to an enormous amount of medical costs.

Contact a birth defect lawyer today if you believe that your child's birth defect or birth injury was caused by medical negligence or malpractice during pregnancy or labor. A lawyer can help explain your options and help make a claim prior the statute of limitation expiring. A lawyer can also negotiate an agreement with the parties responsible for the injury of your child.