10 Birth Defect Claim Tricks Experts Recommend
How to File a Birth Defect Lawsuit
Modern technology and advancements in medicine have dramatically reduced the risks associated with the birth of a child. However, birth defects or injury still occurs frequently.
A birth defect lawsuit seeks to pay your child's medical expenses, educational costs and other losses. To pursue claims, you must prove that a medical professional violated the standard of medical care prior to pregnancy or delivery.
Damages
Pregnancy can be one of the most exciting yet nerve-wracking experiences in the life of a parent. Parents want their children to be perfect and doctors do everything they can to avoid birth defects. Medical negligence and carelessness could increase the risk of birth defects and injuries. When this happens an astonished family may want to seek justice through a birth defect lawsuit.
A successful birth defect lawsuit can result in damages for a variety of different things. These include a victim's pain and suffering and loss of consortium, medical expenses, and loss of earning capacity. The amount of damages an individual victim will be awarded depends on the severity of the child's illness and how much it has affected their quality of life.
Birth defects and birth injuries can be caused by a variety of factors which include environmental exposures. Studies have proven that certain chemicals like pesticides, fungicides lead, heavy metals and paints can increase the chance 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 drugs that can cause birth defects in fetuses, such as DES.
If you suspect that your child's birth defect, or birth injury was the result of medical malpractice, it is important to seek out a skilled birth defect lawyer as soon as you can. In some states, there's only one year to file a medical malpractice suit, and waiting any longer than that could result in losing your chance to obtain the justice you have earned for your child's injury.
Statute of limitations
A statute of limitation is a law that establishes the time limit for someone to file a civil lawsuit. If a person fails to meet a deadline will lose the right to pursue a defendant for damages. Birth injury cases could have more complex statutes of limitations than other types of medical malpractice claims.
A lawsuit is typically brought against the doctor or hospital who caused injury to the patient during labor and delivery. These cases are commonly called birthing injuries lawsuits or wrongful birth suits though Florida's laws allow parents to pursue a medical malpractice suit for the death of an infant.
In a medical malpractice case the victim must prove that the doctor at fault did not follow the standard of care and consideration that another medical professional would have used in similar circumstances. This includes failing in diagnosing an illness of serious severity such as low levels of oxygen in the childbirth process that result in cerebral palsy and brain damage.
The first step to file a birth defect lawsuit is to get in touch with an experienced attorney. The majority of lawyers offer free consultations and reviews of cases to potential clients. If an attorney is convinced that the client's claim is legitimate they will go over the medical documents of the client, and they will hire experts to assess the evidence. They will also assist in preparing documents and filing the medical malpractice lawsuit in time.
Expert Witnesses
In a case involving birth injuries, it is important to have experts who can explain medical practices and procedures to jurors. However, expert witnesses aren't easy to work with because they must scrutinize huge amounts of evidence and make decisions based on evidence rather than their opinions. They must also be willing to testify on facts that could contradict their beliefs.
In the Daubert Case the plaintiffs' expert claimed that Bendectin was the cause of their child's birth defect. The judge found that the evidence was at the "cutting edge of scientific research, where evidence meets theory, and certainty transforms into probabilities." However the judge did consider there was enough evidence to prove that Bendectin doubled a baby's chance of developing birth defects.
The Daubert decision was a blow to plaintiffs who had filed suit against pharmaceutical companies in an effort to obtain justice. Nonetheless, there are still many avenues for an injured party may pursue a birth defect lawsuit.
A Philadelphia birth defect lawyer can advise victims on whether they're eligible for 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 certain cases lawyers may be able to make a birth injury claim as part of multidistrict litigation (MDL). Fill out the form to receive a confidential and free consultation with an attorney.
Representation
Although the latest technology and advances in the field of medicine have significantly reduced the risk of complications during pregnancy and childbirth however, they are not completely eliminated. When 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 often result from a doctor's inability to properly diagnose or treat a condition. Physicians may not perform an ultrasound or make a mistake in surgery, resulting in a birth defect such as spina bifida. Birth defects can also be caused by improper medication that is taken by the mother or exposure to chemicals or other environmental dangers during the development of the baby in the womb.
A birth defect may affect any part of the body of a newborn and affect their appearance, health, and performance. In certain cases birth defects may reduce a baby's lifespan or cause substantial medical expenses.
Contact a birth defect lawyer today if you suspect that the birth defect or birth injury was the result of medical negligence or carelessness during labor or birth. A lawyer can assist you in understanding your options and help make a claim before the statute of limitation expiring. A lawyer may also be competent to negotiate the settlement on behalf of you with the responsible parties for the injury to your child.