How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have drastically reduced the risk of birth. Birth defects or injuries continue to occur often.

A clearlake birth defect attorney defect lawsuit seeks to compensate your child for medical expenses, educational costs and other losses. You must prove that the medical professional who was involved did not follow the standard of care prior to or during the pregnancy or birth.

Damages

Pregnancy is one of the most exciting and stressful experiences a parent can experience. Parents want their children to be perfect and doctors do everything to avoid birth defects. Inattention to medical issues and negligence can increase the risk of birth defects and injuries. If this happens, a stunned family should consider seeking justice through a birth defect lawsuit.

A successful birth defect lawsuit could result in damages for a range of different things. This includes suffering and pain for the victim as well as loss of consortium, medical costs, as well as loss of earning capacity. The amount of damages the victim will receive is contingent on the severity of the child's illness, and how much it has affected their standard of living.

Birth defects and birth injuries can be caused by a number of causes, including exposure to environmental factors. Studies have proven that pesticides like fungicides and lead and paints, heavy metals and heavy metals, could increase the risk of birth defects. Tecumseh birth defect attorney defect lawyers have filed lawsuits against companies that exposed workers to harmful chemicals, as well as pharmaceutical companies that make drugs such as DES that can cause birth defects in fetuses.

If you suspect that medical error caused the birth injury or birth defect, you must consult a birth defect lawyer immediately. In some states, there is only one year to file a medical malpractice lawsuit, and waiting more than that may mean losing your chance to get the justice you need for your child's injuries.

Statute of Limitations

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

A lawsuit is typically filed against the doctor or hospital who caused injury to an individual during labor and birth. These cases can be called birthing injury lawsuits or wrongful birth lawsuits however Florida's laws allow parents to file a malpractice lawsuit for the death of an infant.

In a medical malpractice case the victim must prove the at-fault doctor failed to adhere to the standards of care and consideration that any other medical professional would have followed in similar circumstances. This includes failing to diagnose a serious illness, such as low levels of oxygen during childbirth which can result in cerebral palsy and brain damage.

The first step to file a birth defect lawsuit is to contact an experienced attorney. The majority of lawyers offer free consultations and case review to potential clients. If an attorney believes that the claim of a client is valid they will go over the medical documents of the client, and they will hire experts to review the records. They will also assist in preparing documents and file the medical malpractice lawsuit in time.

Expert Witnesses

In the case of a birth injury, it is important to have experts who can explain medical procedures and practices to jurors. Expert witnesses aren't easy to work with as they must scrutinize huge quantities of information and be able to make decisions based on evidence rather than opinions. They should also be prepared to testify on facts that might contradict their opinions.

In the Daubert case, the plaintiffs' experts argued that Bendectin had caused birth defects in their child. The judge concluded that the evidence was "at the cutting-edge of research in science where fact meets theories, and certainty dissolves into probabilities." However he was not convinced there was enough evidence that Bendectin caused negaunee birth defect attorney defects.

The Daubert decision was a setback to plaintiffs who had sued pharmaceutical companies in an effort to obtain justice. Nonetheless, there are still numerous avenues that an injured party may pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer can assist victims about whether they have a claim. Lawyers can determine if an individual plaintiff is eligible to file a lawsuit on their own or as part of an action class. In certain instances lawyers may be able to make a birth injury claim as part of multidistrict lawsuit (MDL). To get started complete the form on this page for an unreserved and confidential consultation with a qualified lawyer.

Representation

Modern technology and recent advancements in medical technology may have reduced the chance of complications arising during pregnancy and childbirth, however they are not completely eliminated. Parents can seek legal action if a birth defect or birth injury occurs, and the cause could have been avoided.

Medical negligence claims usually result from a doctor's inability to identify or treat a condition. A doctor may fail to diagnose an ultrasound or make a mistake during surgery, resulting in a birth defect such as spina bifida. Other common causes of a birth defect lawsuit comprise inadequate medication for the mother or exposure to chemicals or other environmental hazards as the baby develops in the womb.

A birth defect can affect any part of a newborn's body and affect their health, functioning and appearance. In some instances the birth defect can significantly diminish a baby's lifespan or result in a significant amount of medical costs.

If you believe the birth defect or injury was due to medical malpractice or negligent care during pregnancy or labor, contact a qualified birth defect lawyer today. A lawyer can explain your options and assist you to make a claim before the statute of limitation expiring. A lawyer can also negotiate an agreement with the responsible parties for the injury of your child.