Birth Defect Claim Tools To Streamline Your Everyday Life
How to File a Birth Defect Lawsuit
Modern technology and advances in medicine have drastically reduced the risk of the birth of a child. But, a birth defect or injury still happens frequently.
A birth defect lawsuit seeks to compensate your child for medical expenses, educational costs, and other losses. You must prove that the medical professional in question violated the standard treatment during or prior to the pregnancy or birth.
Damages
Pregnancy can be one of the most exciting, yet nerve-wracking events in the life of a parent. Parents want their babies to be perfect, and doctors do everything to avoid birth defects. However, carelessness and negligence on the part of medical professionals can increase the chance of birth injuries and defects. In the event of this happening an astonished family might want to pursue justice via a birth defect lawsuit.
A successful birth defect lawsuit can result in damages for many different things. This includes pain and suffering for the victim, loss of consortium and medical expenses, in addition to loss of earning capacity. The amount of the damages a victim is awarded will depend on the severity of their child's illness 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 factors that include exposure to environmental factors. Studies have proven that pesticides like fungicides and lead and paints, heavy metals and heavy metals can increase the risk of birth defects. Birth defect lawyers have filed lawsuits against companies that exposed workers to harmful chemicals as well as pharmaceutical companies that produce drugs like DES that can cause birth defects in fetuses.
If you suspect medical malpractice caused your child's birth injury or birth defect, it is recommended to consult a lawyer for birth defects immediately. In certain states, you only have one year to file a medical malpractice lawsuit, and waiting more than that could mean losing your chance to get 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 an individual to file an action in civil court. If a person fails to meet the deadline, they will lose their right to recover damages from a defendant. Birth injury cases could have more complex statutes of limitations than other types of medical malpractice claims.
A lawsuit is typically filed against the doctor or hospital that caused an injury to patients during labor or delivery. These cases can be called birthing injury lawsuits or wrongful birth lawsuits, however, Florida's laws allow parents to file a malpractice suit for the death of a child.
In a medical malpractice case the plaintiff must prove that the doctor at fault was not adhering to the standards of care and consideration that other health care providers would have applied in similar circumstances. This includes failing diagnose an illness that is serious, for example, low oxygen levels in childbirth which could lead to cerebral palsy and brain damage.
The first step to file a birth defect lawsuit is to speak with a skilled attorney. A majority of attorneys offer free consultations and case reviews for potential clients. If the attorney is convinced that a client has a valid claim, they will examine medical records and engage expert witnesses to assess the case. birth defect lawyer milwaukee will also assist with the preparation of documents and file the medical malpractice suit on time.
Expert Witnesses
In cases that involves birth injuries, it's essential to be able to have medical experts explain to jurors the medical practices and procedures. Expert witnesses can be difficult as they must scrutinize a vast amount of data to make decisions that are based on evidence rather than opinions. They should also be able to provide evidence on matters that might contradict their opinions.
In the Daubert Case, the plaintiffs' expert argued that Bendectin caused their child's birth defect. The judge found that the evidence was at the "cutting edge of scientific research, where fact is matched by theory, and certainty turns into probability." However, the judge did not consider there was enough proof that Bendectin doubled the chances of developing birth defects.
The Daubert ruling was a setback to the plaintiffs who had sued pharmaceutical companies to try and get justice. There are a variety of avenues an injured person can seek a legal action over a birth defect.
A Philadelphia birth defect lawyer can help victims on whether they're eligible for an opportunity to file a claim. A lawyer can determine whether an individual plaintiff is eligible to file a lawsuit individually or as part of a class action. In some cases lawyers can start a lawsuit for birth injuries as part of multidistrict litigation (MDL). Complete the form below for a confidential and free consultation with an attorney.
Representation
Although the advancements in technology and advances in medicine have drastically reduced the chance of complications during childbirth and pregnancy however, they are not completely eliminated. When a birth defect or injury occurs and the cause was preventable, parents may pursue legal action to recover the costs related to treatment.
Medical negligence claims often stem from a doctor's failure to recognize or treat a condition. A doctor may not perform an ultrasound or make a mistake during surgery, resulting in birth defects like spina bifida. Other causes that can lead to a birth defect lawsuit include inadequate medication for the mother or exposure to chemicals or other environmental dangers while the baby is developing in the womb.
A birth defect can affect any part of the newborn's body that can affect their health, appearance and function. In certain cases, birth defects can reduce a baby's lifespan or cause significant medical costs.
Contact an attorney for birth defects today if you suspect that your child's birth defect or birth injury was caused by medical negligence or malpractice during pregnancy or labor. A lawyer can provide you with your options and assist you make a claim prior the statute of limitations expiring. A lawyer may also be capable of negotiating an agreement on behalf of you with the parties responsible for your infant's injury.