How to File a Birth Defect Lawsuit

Modern technology and medicine have dramatically decreased the risks of childbirth. fort valley birth defect law firm defects or injuries still occur often.

A birth defect lawsuit seeks to pay your child's medical expenses, education costs as well as other losses. You must prove that the medical professional who was involved has violated the standard medical treatment during or prior to the birth or during pregnancy.

Damages

Pregnancy can be one of the most exciting yet nerve-wracking events in a parent's lifetime. Parents want their babies to be perfect and doctors do everything possible to avoid birth defects. Medical negligence and carelessness could increase the risk of independence birth defect lawsuit defects and injuries. When this occurs an astonished family should consider seeking justice through a birth defect lawsuit.

A successful birth defect lawsuit can result in damages for a variety of different things. This can include the suffering and suffering, loss of consortium, medical expenses, and loss of earning capacity. The amount of damages a victim will receive will depend on the severity of their child's illness and the extent to which it has interfered with their daily life.

Birth defects and birth injuries can be caused by a variety of causes which include environmental exposures. Studies have shown that certain chemicals like fungicides, pesticides lead, paints and heavy metals may increase the chance of birth defects. Birth defect lawyers have filed suits against companies that exposed workers to hazardous chemicals, as well as against pharmaceutical companies that have made products that cause birth defects in fetuses, like DES.

If you suspect that medical malpractice caused the birth injury or birth defect, seek out a plant city birth defect attorney defect lawyer immediately. In certain states, you only have one year to file a medical negligence suit, and if you wait longer than that could result in losing your chance of getting the justice you have earned for your child's injury.

Statute of limitations

A statute of limitations is a law that defines the time frame for which a person has to file a civil claim. A person who misses a deadline will lose the right to sue a defendant for damages. Birth injury claims be more complex in terms of the statute of limitations than other medical malpractice claims.

A lawsuit is usually brought against the doctor or hospital who caused injury to patients during labor or delivery. These cases are often referred to as birthing injury lawsuits or wrongful birth lawsuits however Florida's laws permit parents to file a malpractice lawsuit in the event of the death of an infant.

In a medical malpractice case, the injured party must prove the at-fault doctor did not follow the standards of care and consideration that another health care provider would have used in similar circumstances. This includes failing to diagnose an illness that is serious, such as low oxygen levels during childbirth that result in cerebral palsy and brain damage.

The first step in filing a birth defect lawsuit is to get in touch with an experienced attorney. Many attorneys provide free consultations and reviews of cases to potential clients. If an attorney believes that the claim of a client is legitimate they will examine the medical records of the client and employ experts to review the claims. They can also assist in the preparation of documents and filing the medical malpractice lawsuit in time.

Expert Witnesses

In the case of a birth injury it is crucial to have experts who can explain medical procedures and practices before a jury. Expert witnesses aren't easy to work with as they must carefully examine massive amounts of evidence and be able to make decisions based on evidence rather than opinions. They should also be prepared to testify about facts which may contradict their position.

In the Daubert case the plaintiffs' experts argued that Bendectin contributed to the birth defects of their child. The judge concluded that the evidence was "at the forefront of research in science where fact meets theories and certainty transforms into probabilities." However, he did not believe there was enough proof that Bendectin caused birth defects.

The Daubert ruling was a setback for plaintiffs, who had suing pharmaceutical companies to win justice. There are many ways for a victim to file a lawsuit for the birth defect.

A Philadelphia birth defect lawyer can provide victims with advice on whether they have an opportunity to file a claim. A lawyer can determine if the plaintiff is eligible to pursue a lawsuit by themselves or as part of an action class. In some cases lawyers can file a lawsuit for birth injuries as part of a multidistrict litigation. Complete the form below to receive a confidential and free consultation with an attorney.

Representation

Although the advancements in technology and advances in the field of medicine have drastically reduced the chance of complications during pregnancy and childbirth However, they aren't eliminated. If a birth defect, or injury occurs and the cause could have been avoided, parents can seek legal action to recover the costs related to treatment.

Medical negligence claims are usually due to a doctor's failure to diagnose or treat a disease. For example, a physician could neglect to perform an ultrasound test or make mistakes during surgery, resulting in a birth defect like spina bifida. Birth defects can be caused by a wrong medication taken by the mother, or exposure to chemicals and other environmental dangers that can affect the development of the baby during the womb.

A birth defect can affect any part of the newborn's body and affect their appearance, health and function. In certain instances the birth defect can drastically reduce a baby's life expectancy, or cause significant medical costs.

If you suspect your child's birth defect or injury was caused by negligence or medical malpractice during pregnancy or labor consult a certified birth defect lawyer today. A lawyer can assist you discover your options and make a claim before the deadline for filing a claim expires. A lawyer may also be capable of negotiating a settlement on behalf of you with the responsible parties for your infant's injury.