How to File a Birth Defect Lawsuit
Modern medical technology and medicine have drastically reduced the risk of childbirth. Birth defects or injuries occur often.
A birth defect lawsuit seeks to pay your child's medical expenses, education costs, and other losses. To pursue such a claim, you must establish that medical professionals violated the standard of care prior to pregnancy or the birth of your child.
Damages
Pregnancy can be one of the most exciting but nerve-wracking moments in the life of a parent. Parents want their babies to be perfect, and doctors strive to do their best to stop birth defects from happening. Medical negligence and carelessness can increase the risk for birth defects and injuries. When this occurs an astonished family may want to seek justice through a birth defect lawsuit.
A successful Birth Defect law firms defect lawsuit may result in damages for a range of different things. This can include the suffering and suffering as well as loss of consortium, medical expenses and lost earning capacity. The amount of damages a victim will receive depends on the severity of the child's medical condition and how much it has affected their standard of life.
Environmental exposures can cause birth defects and birth injuries. Research has shown that pesticides like fungicides and lead, as well paints, heavy metals and heavy metals, can increase the risk of birth defects. Birth defect lawyers have filed lawsuits against companies that exposed their workers to harmful chemicals as well as pharmaceutical companies that produce drugs such as DES that may cause birth defects in fetuses.
If you suspect that medical malpractice caused your child's birth injury or birth defect, you should consult a lawyer for birth defects immediately. In certain states, you are given one year to file a suit for medical malpractice. If you wait it could mean that your child will not receive the justice they deserve.
Statute of Limitations
A statute of limitation is a law that defines the time limit for an individual to file a civil lawsuit. If a person fails to meet the deadline, they will lose the right to collect 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 brought against the doctor or hospital who caused injury to patients during labor or delivery. These cases are often called birthing injury lawsuits or wrongful birth suits though Florida's laws allow parents to file a medical malpractice suit in the event of a baby's death.
To prove medical malpractice, the party who suffered will need to show that the doctor responsible did not adhere to the level of care and consideration expected by another health healthcare provider in similar circumstances. This includes failing to diagnose an illness that is serious, such as low oxygen levels during childbirth that cause cerebral palsy and brain damage.
The first step to file a birth defect lawsuit is to speak with an experienced attorney. A majority of attorneys offer free consultations and case reviews for prospective clients. If the attorney is convinced that a client has a valid claim they will look into medical records and engage experts to evaluate the evidence. They can also assist in the preparation of documents and file the medical malpractice suit within time.
Expert Witnesses
In a case involving birth injuries, it is important to have experts who can explain medical procedures and practices to a jury. Expert witnesses can be difficult since they must scrutinize an extensive amount of information to be able make decisions based on facts, not opinion. Furthermore, they should be willing to testify on facts that could contradict their beliefs.
In the Daubert Case the plaintiffs' expert believed that Bendectin caused the birth defect of their child. The judge found that the evidence was at the "cutting edge of research in science, where fact is matched by theory, and certainty turns into probabilities." However, the judge did not believe there was enough evidence to prove that Bendectin doubled the chances of developing birth defects.
The Daubert ruling was a setback for the plaintiffs, who had suing pharmaceutical companies in order to win justice. But there are many avenues for the injured party could pursue a birth defect lawsuits defect lawsuit.
A Philadelphia birth defect lawyer can advise victims about whether they have an opportunity to file a claim. A lawyer can assist victims determine if they're eligible to file a personal lawsuit or a class action. In some cases lawyers can start a lawsuit for birth injuries as part of multidistrict litigation. Please fill out the form below for 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 occurring during pregnancy and childbirth, however they're not completely eliminated. When a birth defect or injury occurs and the cause was preventable parents can pursue legal action to pay for the costs related to treatment.
Medical negligence claims are typically result from a doctor's inability diagnose or treat an illness. A physician may fail to conduct an ultrasound or make a mistake in surgery, resulting in birth defects, such as spina bifida. Other causes that can lead to a birth defect lawsuit are an ineffective medication for the mother or exposure to chemicals or other environmental hazards as the baby develops in the womb.
A birth defect may affect any part of the newborn's body that can affect their health, appearance and performance. In some instances birth defects can shorten a baby's lifespan or cause significant medical costs.
Contact an attorney for birth defects immediately if you believe the birth defect or injury was the result of medical negligence or malpractice during pregnancy or labor. A lawyer can provide you with your options and assist you to submit a claim prior to the statute of limitation expiring. A lawyer can also negotiate a settlement with the responsible parties for the injury of your infant.
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