Notes

What Experts From The Field Want You To Know
How to File a Birth Defect Lawsuit

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

A birth defect lawsuit seeks to compensate your child for medical expenses, educational costs, and other losses. To be able to pursue an action, you must demonstrate that medical professionals breached the standard of care before or during pregnancy or delivery.

birth defect attorney mountain view can be one of the most exciting but nerve-wracking moments in a parent's lifetime. Parents want their babies to be perfect, and doctors try to do everything possible to stop birth defects from occurring. Unfortunately, negligence and carelessness on the part of medical practitioners can increase the risk of birth injuries and birth defects. In the event of this happening an astonished family may want to seek justice through a birth defect lawsuit.

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

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

If you suspect that your child's birth defect or birth injury is the result of medical malpractice, you should seek out 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 wait longer this could mean that your child will not receive 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 lawsuit. If someone misses the deadline, they lose their right to seek damages from the defendant. 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 birth. These cases are sometimes referred to birthing injury suits or wrongful birth lawsuits although Florida's laws permit parents to file a malpractice lawsuit for the death of a child.

In order to prove medical malpractice, the party who suffered will need to show that the doctor who was at fault didn't adhere to the level of care and consideration expected by another health care provider in similar circumstances. This includes failing to diagnose a serious illness, such as low levels of oxygen during childbirth that cause brain damage and cerebral palsy.

The first step to file a birth defect lawsuit is to get in touch with a skilled attorney. Many attorneys provide free consultations and reviews of cases to prospective clients. If the attorney believes that a client has a valid claim they will examine medical records and appoint expert witnesses to assess the evidence. They will also assist in preparing documents and file the medical malpractice lawsuit in time.

Expert Witnesses

In cases which involves birth injuries, it's essential to be able to have medical experts explain to a jury the medical practices and procedures. However, expert witnesses aren't easy to work with as they must be able to scrutinize massive quantities of information and make decisions based upon facts rather than their opinions. Furthermore, they should be willing to testify on facts that might conflict with their opinions.

In the Daubert Case, the plaintiffs' expert claimed that Bendectin is the reason for the birth defect of their child. The judge found that the evidence was on the "cutting edge of research in science, where reality meets theory, and certainty transforms into probabilities." However the judge did not believe there was sufficient evidence to prove that Bendectin doubled the chances of developing birth defects.

The Daubert decision was a blow to plaintiffs who had filed suit against pharmaceutical companies in an attempt to get justice. There are many avenues for a person who has suffered injury to bring a lawsuit based on a birth defect.

A Philadelphia birth defect lawyer can advise victims on whether they have claims. A lawyer can decide if an individual plaintiff is eligible to file a suit on their own or as part of an action class. In some instances an attorney may be able to make a claim for birth injuries as part of a multidistrict lawsuit. To begin by filling out the form on this page to request a an initial consultation for free and confidential with a qualified attorney.

Representation

Modern technology and recent advances in medical technology may have reduced the chance of complications arising during pregnancy and childbirth, but they are not completely eliminated. If a birth defect, or injury occurs, and the cause was preventable, parents can seek legal action to cover costs related to treatment.


Medical negligence claims tend to be due to a doctor's failure to diagnose or treat a disease. For instance, a doctor could neglect to perform an ultrasound screening or make an error during surgery, resulting in a birth defect such as spina bifida. Other common causes of a birth defect lawsuit include improper medication for the mother or exposure to chemicals or other environmental hazards as the baby is growing in the womb.

A birth defect may affect any part of the newborn's body that can affect their appearance, health, and functionality. In certain instances birth defects can severely reduce a baby's lifespan or result in significant medical costs.

Contact an attorney for birth defects today if you believe that your child's birth defect or injury was caused by medical negligence or carelessness during labor or birth. A lawyer can assist you discover your options and make a claim prior to the statute of limitations runs out. A lawyer can also negotiate an agreement with the parties responsible for the harm to your infant.

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