• 글쓰기
• 목록

How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have significantly reduced the risks associated with the birth of a child. But, a birth defect or injury still happens frequently.

A birth defect lawsuit seeks compensation for medical expenses of your child, educational costs, and other losses. To pursue such a claim, you must demonstrate that a medical professional breached the standard of care prior to or during pregnancy or delivery.

Damages

Pregnancy is among the most exciting and stressful times in a parent's life. Parents want their children to be perfect, and doctors strive to do everything possible to stop birth defects from happening. However, carelessness and negligence on the part of medical professionals can increase the chance of birth defects and injuries. A family who is shocked by this situation should consider seeking legal action for a birth defect.

A successful birth defect lawsuit could result in damages for a multitude of different things. This includes suffering and pain for the victim as well as loss of consortium, medical expenses, as well as lost earning capacity. The amount of the damages a victim is awarded will depend on the severity of their child's illness and the extent that it has affected with their daily life.

Environmental exposures can lead to birth defects and birth injuries. Studies have proven that certain chemicals, like fungicides, pesticides lead, paints and heavy metals can increase the risk of birth defects. Birth defect lawyers have filed suits against businesses that have exposed workers to harmful chemicals, and also against pharmaceutical companies that have produced medications that can cause birth defects in fetuses such as DES.

If you think your child's birth defect or birth injury was caused by medical malpractice, you should consult a skilled birth defect lawyer as quickly as possible. In certain states, you have only one year to file a suit for medical malpractice. If you delay this could mean that your child will never get the justice they deserve.

Statute of Limitations

A statute of limitations is a law which establishes the deadline for filing a civil lawsuit. Anyone who fails to meet a deadline will lose the right to sue a defendant for damages. Birth injury cases could have more complex statutes of limitations than other kinds 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 usually known as birthing injury lawsuits or wrongful birth suits though Florida's laws allow parents to make a claim for medical malpractice to bring a child's death.

In a medical malpractice case the plaintiff must prove that the doctor at fault failed to adhere to the standards of care and consideration that other health care providers would have utilized in similar circumstances. This includes failing to recognize a serious condition such as low oxygen levels during childbirth that result in cerebral palsy or brain damage.

The first step in filing a birth defect lawsuit is to get in touch with a skilled attorney. A majority of attorneys offer free consultations and case reviews to potential clients. If the attorney is convinced that a client has a valid case, they will look over medical records and employ experts to review their credibility. They can also assist in the preparation of documents and file 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. Expert witnesses can be difficult because they must carefully examine an extensive amount of information to be able make decisions based on facts, not opinions. Additionally, they must be willing to testify on facts that might conflict with their beliefs.

In the Daubert Case, the plaintiffs' expert claimed that Bendectin was the cause of the birth defect of their child. The judge concluded that the evidence was at the "cutting edge of scientific research, where evidence is matched by theory, and certainty turns into probability." However the judge did not believe there was sufficient evidence that Bendectin doubled a baby's risk of developing birth defects.

The Daubert decision was a setback to plaintiffs who had filed suit against pharmaceutical companies in seeking justice. There are many avenues an injured person can seek a legal action over a birth defect.

A Philadelphia birth defect lawyer can provide victims with advice about whether they have claims. A lawyer can help victims determine if they're qualified to file an individual lawsuit or a class action. In certain cases lawyers can file a lawsuit for birth injuries as part a multidistrict litigation. Complete the form below to receive a confidential and free consultation with an attorney.

Representation

Although the advancements in technology and developments in the field of medicine have greatly reduced the risk of complications during pregnancy and childbirth but they aren't completely eliminated. Parents can pursue legal action if they suffer a birth injury or defect occurs, and the reason could have been avoided.

Medical negligence claims are usually result from a doctor's inability diagnose or treat an illness. For instance, a physician may not perform an ultrasound test or make mistakes during surgery, which could result in a birth defect, such as spina bifida. Other common causes of birth defect lawsuits include inadequate medication for the mother or exposure to chemicals or other environmental dangers while the baby develops in the womb.

A birth defect can affect any part of the body of a baby and affect their health, function and appearance. In some instances birth defects can shorten the life expectancy of a newborn or lead to substantial medical expenses.

Contact a birth defect lawyer today if you suspect that your child's birth defect or birth injury was the result of medical negligence or negligence during labor or pregnancy. A lawyer can help explain your options and assist you to submit a claim prior to the time limit expiring. A lawyer may also be competent to negotiate the settlement on your behalf with the parties responsible for your infant's injury.