How to File a Birth Defect Lawsuit
Modern technology and advances in medicine have drastically reduced the risks associated with childbirth. Birth defects or injuries continue to occur frequently.
A birth defect lawsuit seeks to compensate your child for medical expenses, education costs as well as other losses. You must prove that the medical professional who was involved did not follow the standard of treatment prior to or during pregnancy or delivery.
Damages
Pregnancy can be one of the most exciting yet nerve-wracking experiences in a parent's lifetime. Parents want their babies to be perfect and doctors do everything to avoid birth defects. Unfortunately, negligence and carelessness on the part of medical practitioners can increase the chance of birth defects and injuries. A family that is shocked by this news should think about taking legal action to remedy a birth defect.
A successful birth defect suit can result in damages for a variety of different things. This includes the victim's pain and suffering and loss of consortium, medical expenses and lost earning capacity. The amount of damages the victim will be awarded is contingent on the severity of the child's condition and how it has affected their quality of living.
Birth injuries and birth defects can be caused by a number of causes, including environmental exposures. Research has shown that pesticides like lead and fungicides, 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 employees to harmful chemicals, as well as pharmaceutical companies that manufacture drugs such as DES that may cause birth defects in fetuses.
If you suspect that medical error caused the
birth defect law firm injury of your child or birth defect, you should consult a birth defect lawyer immediately. In certain states, you only have one year to file a lawsuit for medical malpractice. If you wait, it 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 limit for a person to file a civil suit. If a person misses the deadline, they will lose their right to seek damages from the defendant. Birth injury cases can have more complex statutes of limitations than other types of medical malpractice claims.
A lawsuit is typically filed against the hospital or doctor that caused injuries to a patient during labor and delivery. These cases are often referred to as birthing injury suits or wrongful birth lawsuits, although Florida's laws permit parents to file a malpractice lawsuit in the event of the death of a baby.
To prove medical malpractice, the injured party will need to show that the doctor
birth defect lawyer responsible was not able to meet the standard of care or consideration required by a different health healthcare provider in similar situations. This could include failing to recognize an illness that is serious, for example, low levels of oxygen during childbirth which can lead to cerebral palsy and brain damage.
Finding a reputable attorney is the first step to filing an action for birth defects. The majority of lawyers offer free consultations and case reviews for prospective clients. If the attorney believes that a client has a valid claim they will examine medical records and hire experts to review the case. They will also assist in preparing documents and file the medical malpractice suit within time.
Expert Witnesses
In cases with birth injuries, it is crucial to have medical experts that can provide a jury with the medical practices and procedures. Expert witnesses aren't easy to work with because they have to carefully review huge amounts of evidence and be able to make decisions based upon facts rather than opinions. They should also be able to testify about facts that could contradict their beliefs.
In the Daubert case the plaintiffs' experts claimed that Bendectin was the cause of their child's birth defects. The judge concluded that the evidence was "at the forefront of scientific research, where science meets theories and the certainty is transformed into probabilities." However he was not convinced there was enough evidence that Bendectin caused birth defects.
The Daubert decision was a blow to plaintiffs that had sued pharmaceutical companies in seeking justice. There are many avenues for an injured party may pursue a lawsuit for birth defects.
A Philadelphia birth defect lawyer can advise victims about whether they have an opportunity to file a claim. A lawyer can decide if an individual plaintiff is eligible to file a lawsuit on their own or as part of a class action. In certain cases lawyers may be able to file a birth injury lawsuit as part of a multidistrict litigation (MDL). To start complete the form on this page for an unreserved and confidential consultation with a qualified attorney.
Representation
Modern technology and recent advancements in the field of medicine could have reduced the chance of complications occurring during pregnancy and childbirth,
birth defect lawyer but they're not completely eliminated. Parents can seek legal action if a birth injury or defect occurs, and the cause could have been prevented.
Medical negligence cases typically result from a doctor's inability to recognize or treat a problem. A physician may fail to perform an ultrasound or make a mistake during surgery, leading to a birth defect such as spina bifida. Birth defects can be caused by improper medication that is taken by the mother or exposure to chemicals or other environmental dangers during the development of the baby in the womb.
A birth defect can affect any part of the body of a baby and affect their health, functioning and appearance. In certain cases birth defects can shorten the life span of a child or trigger major medical expenses.
If you think the
birth defect law firm defect or injury is the result of medical malpractice or negligent care during pregnancy or labor get in touch with a reputable
birth defect lawyer today. A lawyer can assist you identify your options and make a claim prior to the statute of limitations runs out. A lawyer can also negotiate a settlement with the parties accountable for the injury of your child.