• 글쓰기
• 목록

How to File a Birth Defect Lawsuit

Modern medicine and technology have greatly reduced the risks of childbirth. However, birth defects or injury still happens frequently.

A birth defect lawsuit seeks to recover for your child's medical expenses as well as educational costs and other losses. To be able to pursue an action, you must demonstrate that medical professionals violated the standard of medical care prior to or during pregnancy or during the delivery.

Damages

Pregnancy is one of the most exciting and stressful moments in the life of a parent. Parents want their children to be perfect, and doctors try to do everything they can to stop birth defects from happening. Unfortunately, carelessness and negligence on the part of medical professionals can increase the chance of birth injuries and birth defects. Families who are shocked by this circumstance should think about seeking legal action for a birth defect.

A successful birth defect lawsuit can result in damages for a number of different things. This can include pain and suffering for the victim as well as loss of consortium and medical expenses, in addition to lost 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 impacted with their daily life.

Birth injuries and birth defects can be caused by a variety of causes, including environmental exposures. Studies have shown that certain chemicals like fungicides, pesticides and lead, as well heavy metals and paints can increase the risk of birth defects. Birth defect lawyers have brought lawsuits against companies that exposed workers to these hazardous chemicals, as well as against pharmaceutical companies that have developed products that cause birth defects in fetuses, such as DES.

If you think your child's birth defect, or birth injury was caused by medical malpractice, it is important to speak with a skilled birth defect lawyer as soon as possible. In some states, you have only one year to file a medical malpractice suit, and waiting any longer than that can mean losing your chance of getting the justice you deserve for your child's injury.

Statute of Limitations

A statute of limitations is a law that establishes the deadline for an individual to file an action in civil court. Anyone who fails to meet the deadline will lose the right to seek damages from a defendant. Birth injury cases can have more complicated statutes of limitations than other types of medical malpractice claims.

A lawsuit is usually filed against the hospital or doctor that caused injuries to a patient during labor and delivery. These cases are often referred to birthing injury lawsuits or wrongful birth lawsuits, however, Florida's laws allow parents to file a malpractice lawsuit in the event of the death of a baby.

In order to prove medical malpractice, the party who suffered will need to show that the doctor who was at fault did not follow the standards of care and consideration required by a different health medical professional in similar circumstances. This includes failing to recognize an illness that is serious, for example, low levels of oxygen during childbirth that can cause cerebral palsy and brain damage.

A qualified attorney should be the first step in filing an action for birth defects. Most attorneys offer free consultations for potential clients. If an attorney is convinced that the claim of a client is valid they will go over the medical records of the client and employ experts to assess the claims. They will also help prepare documents and file the medical malpractice lawsuit in time.

Expert Witnesses

In a case involving birth injuries, it's essential to have medical experts that can provide a jury with the medical procedures and practices. However, expert witnesses aren't easy to work with as they must carefully examine massive amounts of evidence and make decisions based upon facts rather than opinions. They must also be willing to testify on evidence that may conflict with their opinion.

In the Daubert case, the plaintiffs' experts claimed that Bendectin had caused birth defects in their child. The judge ruled that the evidence was at the "cutting edge of scientific research, where fact meets theory and the certainty transforms into probabilities." However, the judge did not believe there was enough proof that Bendectin increased the chance of developing birth defects.

The Daubert decision was a setback to plaintiffs who had sued pharmaceutical companies in an attempt to get justice. But there are many avenues for an injured person could pursue a lawsuit for birth defects.

A Philadelphia birth defect lawyer can assist victims about whether they are eligible for a right to sue. A lawyer can help clients determine if they're eligible to file a lawsuit on their own or a class action. In certain instances lawyers may be able to file a birth injury lawsuit as part of multidistrict litigation (MDL). To start complete the form on this page to request a an unreserved and confidential consultation with a qualified attorney.

Representation

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

Medical negligence cases typically result from a doctor's inability to diagnose or treat a condition. For instance, a doctor may fail to conduct an ultrasound screening or make a mistake during surgery, which could result in a birth defect, such as spina bifida. Other causes for birth defect lawsuits include insufficient medication for the mother or exposure to chemicals or other environmental dangers while the baby develops in the womb.

A birth defect may affect any part of the body of a newborn which can affect their appearance, health, and functioning. In some cases birth defects may reduce the life expectancy of a newborn or lead to substantial medical expenses.

Contact a birth defect lawyer now if you believe the birth defect or birth injury was the result of medical negligence or carelessness during labor or birth. A lawyer can help understand your options and make a claim before the deadline for filing a claim expires. A lawyer may also be able to negotiate a settlement on behalf of you with the responsible parties for your child's injuries.