Notes

The Myths And Facts Behind Birth Defect Claim
How to File a Birth Defect Lawsuit

Modern medical and technological advances have significantly decreased the risks of childbirth. Birth defects or injuries occur often.

A birth defect lawsuit seeks to pay your child's medical expenses, education costs, and other losses. To pursue such claims, you must prove that medical professionals violated the standard of medical care prior to pregnancy or during the delivery.

Damages

Pregnancy can be one of the most exciting yet nerve-wracking times in a parent's lifetime. Parents want their babies to be perfect, and doctors do everything they can to avoid birth defects. Unfortunately, carelessness and negligence on the part of medical practitioners can increase the chance of birth injuries and birth defects. Families who are shocked by this incident should think about the possibility of suing over a birth defect.

A successful birth defect lawsuit could result in damages for a number of different things. This can include pain and suffering for the victim along with loss of consortium and medical costs, as well as loss of earning capacity. The amount of the damages a victim is awarded will depend on the degree of their child's health and the extent to which it has impacted with their quality of life.

Birth injuries and birth defects can be caused by a number of causes, including environmental exposures. Studies have proven that certain chemicals like pesticides, fungicides lead, paints and heavy metals may increase the chance of birth defects. Birth defect lawyers have filed suits against businesses that have exposed workers to toxic chemicals, as well against pharmaceutical companies who have manufactured drugs that can cause birth defects in fetuses, like DES.

If you suspect that your child's birth defect or birth injury was the result of medical negligence, you must consult a reputable birth defect lawyer as quickly as you can. In certain states, you have only one year to file a lawsuit claiming medical malpractice. If you put off filing a lawsuit for a longer period, it could mean that your child will never receive the justice they deserve.

Statute of Limitations


A statute of limitation is a law which establishes the deadline for filing a civil lawsuit. If a claimant fails to file by the deadline, they lose their right to seek damages from the defendant. Birth injury claims have a more complicated statute of limitations than other medical malpractice claims.

A lawsuit is typically filed against the doctor or the hospital who caused the patient's injuries during labor and delivery. These cases are sometimes referred to birthing injury lawsuits or wrongful birth lawsuits, although Florida's laws permit parents to file a malpractice suit for the death of an infant.

In a medical malpractice case the plaintiff must prove that the doctor at fault did not follow the expected level of care and consideration other health care providers would have used in similar circumstances. This includes failing diagnose serious conditions like low levels of oxygen during childbirth that can cause cerebral palsy and brain damage.

The first step in filing a birth defect lawsuit is to contact a skilled attorney. Most attorneys offer free consultations and case review to prospective clients. If an attorney believes that a client's claim is valid they will look over the medical documents of the client and then hire experts to assess them. They will also assist in preparing documents and file the medical malpractice lawsuit within the timeframe.

Expert Witnesses

In a case which involves birth injuries, it's essential to have medical experts who can provide a jury with the medical practices and procedures. Expert witnesses aren't easy to work with since they must be able to scrutinize massive amounts of data and make decisions based on evidence rather than their opinions. Additionally, they must be able to testify regarding information that might contradict their views.

In the Daubert case the plaintiffs' experts argued that Bendectin was the cause of birth defects for their child. The judge found that the evidence was at the "cutting edge of research in science, where fact meets theory and certainty dissolves into probabilities." However the judge did consider there was enough evidence that Bendectin increased the chance of developing birth defects.

The Daubert ruling was a setback for plaintiffs, who had suing pharmaceutical companies to obtain justice. There are numerous avenues for an injured party to file a lawsuit for the birth defect.

A Philadelphia birth defect attorney can assist those suffering from birth defects to determine whether they are a victim. A lawyer can determine if the plaintiff is able to file a lawsuit individually or as part of an action class. In some cases lawyers may be able to file a birth injury lawsuit as part of a multidistrict litigation (MDL). Complete the form below to get a confidential and free consultation with an attorney.

Representation

Modern technology and recent advancements in the field of medicine could have reduced the risk of complications occurring during childbirth and pregnancy, but they're not entirely eliminated. If a birth defect or injury occurs and the cause was preventable, parents may pursue legal action to pay for the costs associated with treatment.

Medical negligence claims typically result from a doctor's inability to recognize or treat a problem. For instance, a doctor may not perform an ultrasound examination or make an error during surgery, resulting in a birth defect such as spina bifida. Birth defects can be caused by the wrong medication that is taken by the mother or exposure to chemicals or other environmental dangers during the child's development during the womb.

A birth defect can affect any part of a newborn's body, and impact their health, function and appearance. In certain cases birth defects may reduce the life expectancy of a newborn or lead to significant medical costs.

Contact an attorney for birth defects today if you believe that the birth defect or injury was caused by medical negligence or carelessness during labor or birth. birth defect attorneys nevada can assist you to identify your options and make a claim before the deadline for filing a claim expires. A lawyer can also negotiate a settlement with the responsible parties for the injuries suffered by your child.

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