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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 reimbursement for medical expenses of your child or educational costs, among other expenses. You must prove that the medical professional involved did not follow the standard of care during or before the birth or delivery.
Damages
Pregnancy can be one of the most exciting, yet nerve-wracking experiences in the life of a parent. Parents want their babies to be perfect, and doctors try to do their best to prevent birth defects from occurring. However, carelessness and negligence on the part of medical professionals can increase the chance of birth injuries and birth defects. If this happens, a stunned family should consider seeking justice through a birth defect lawsuit.
A successful birth defect lawsuit can result in damages for a variety of different things. This includes pain and suffering for the victim, loss of consortium and medical costs, as well as lost 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 standard of life.
Birth injuries and birth defects can be caused by a variety of factors that include environmental exposures. Research has shown that certain chemicals, such as pesticides, fungicides lead, paints and heavy metals can increase the likelihood of birth defects. Birth defect lawyers have filed suits against businesses that have exposed workers to harmful chemicals, and also against pharmaceutical companies that have produced medications that can cause birth defect law firm defects in fetuses such as DES.
If you think your child's birth defect, or birth injury is the result of medical malpractice, it is important to consult a skilled birth defect lawyer as soon as possible. In some states, you have only one year to file a lawsuit against medical malpractice. If you delay, it could mean that your child will never receive the justice they deserve.
Statute of limitations
A statute of limitations is a law that defines the deadline for a person to file a civil lawsuit. A person who misses a deadline will lose the right to pursue a defendant for damages. Birth injury claims can have a more complicated statute of limitations than other medical malpractice claims.
A lawsuit is typically filed against the hospital or doctor that caused an injury to the patient during labor and delivery. These cases are often called birthing injury suits or wrongful birth lawsuits, although Florida's laws permit parents to file a malpractice suit for the death of a baby.
In a case of medical malpractice, the injured party must prove the at-fault doctor did not follow the expected level of care and consideration another medical professional would have applied in similar circumstances. This includes not being able to identify an illness of serious severity for example, low levels of oxygen in the childbirth process which can cause brain damage and cerebral palsy.
The first step in filing a birth defect lawsuit is to speak with a skilled attorney. Many attorneys provide free consultations to prospective clients. If an attorney is convinced that the claim of a client is valid they will go over the medical records of the client and hire experts to review the evidence. They will also assist in preparing documents and file the medical malpractice lawsuit in time.
Expert Witnesses
In a case involving a birth injury it is essential to have experts who can explain medical practices and procedures to jurors. Expert witnesses can be difficult because they must scrutinize the vast amount of information to be able to make decisions based on facts, not opinions. They should also be prepared to testify about facts which may contradict their beliefs.
In the Daubert case the plaintiffs' experts claimed that Bendectin caused their child's birth defects. 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 consider there was enough proof that Bendectin doubled a baby's chance of developing birth defects.
The Daubert decision was an affront to plaintiffs who had filed lawsuits against pharmaceutical companies in seeking justice. However, there are numerous avenues that the injured party could pursue a birth defect lawsuit.
A Philadelphia birth defect lawyer can provide victims with advice about whether they are eligible for a right to sue. A lawyer can assist plaintiffs determine whether they are qualified to file a lawsuit on their own or a class action. In certain instances a lawyer may make a birth injury claim as part of a multidistrict litigation (MDL). To get started by filling out the form on this page to request a a free and confidential consultation with a licensed lawyer.
Representation
Modern technology and recent advances in the field of medicine could have reduced the risk of complications that can occur during pregnancy and childbirth but they're not completely eliminated. When a birth defect or injury occurs and the cause could have been avoided, parents may pursue legal action to recover the costs associated with treatment.
Medical negligence claims tend to be due to a doctor's failure to identify or treat an illness. For example, a physician may not perform an ultrasound screening or make an error during surgery, resulting in a birth defect, such as spina bifida. Other causes that can lead to a birth defect lawsuit include improper medication for the mother or exposure to chemicals or other environmental hazards as the baby is developing in the womb.
A birth defect can affect any part of the body of a baby and affect their health, function and appearance. In some instances, a birth defect can drastically reduce a baby's lifespan or result in a significant amount of medical costs.
If you believe your child's birth defect or injury was due to medical malpractice or negligent care during labor or birth, contact a qualified birth defect attorney today. A lawyer can help explain your options and assist you to make a claim before the deadline for filing. A lawyer might also be competent to negotiate settlements on behalf of you with the parties responsible for the injury to your child.
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 reimbursement for medical expenses of your child or educational costs, among other expenses. You must prove that the medical professional involved did not follow the standard of care during or before the birth or delivery.
Damages
Pregnancy can be one of the most exciting, yet nerve-wracking experiences in the life of a parent. Parents want their babies to be perfect, and doctors try to do their best to prevent birth defects from occurring. However, carelessness and negligence on the part of medical professionals can increase the chance of birth injuries and birth defects. If this happens, a stunned family should consider seeking justice through a birth defect lawsuit.
A successful birth defect lawsuit can result in damages for a variety of different things. This includes pain and suffering for the victim, loss of consortium and medical costs, as well as lost 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 standard of life.
Birth injuries and birth defects can be caused by a variety of factors that include environmental exposures. Research has shown that certain chemicals, such as pesticides, fungicides lead, paints and heavy metals can increase the likelihood of birth defects. Birth defect lawyers have filed suits against businesses that have exposed workers to harmful chemicals, and also against pharmaceutical companies that have produced medications that can cause birth defect law firm defects in fetuses such as DES.
If you think your child's birth defect, or birth injury is the result of medical malpractice, it is important to consult a skilled birth defect lawyer as soon as possible. In some states, you have only one year to file a lawsuit against medical malpractice. If you delay, it could mean that your child will never receive the justice they deserve.
Statute of limitations
A statute of limitations is a law that defines the deadline for a person to file a civil lawsuit. A person who misses a deadline will lose the right to pursue a defendant for damages. Birth injury claims can have a more complicated statute of limitations than other medical malpractice claims.
A lawsuit is typically filed against the hospital or doctor that caused an injury to the patient during labor and delivery. These cases are often called birthing injury suits or wrongful birth lawsuits, although Florida's laws permit parents to file a malpractice suit for the death of a baby.
In a case of medical malpractice, the injured party must prove the at-fault doctor did not follow the expected level of care and consideration another medical professional would have applied in similar circumstances. This includes not being able to identify an illness of serious severity for example, low levels of oxygen in the childbirth process which can cause brain damage and cerebral palsy.
The first step in filing a birth defect lawsuit is to speak with a skilled attorney. Many attorneys provide free consultations to prospective clients. If an attorney is convinced that the claim of a client is valid they will go over the medical records of the client and hire experts to review the evidence. They will also assist in preparing documents and file the medical malpractice lawsuit in time.
Expert Witnesses
In a case involving a birth injury it is essential to have experts who can explain medical practices and procedures to jurors. Expert witnesses can be difficult because they must scrutinize the vast amount of information to be able to make decisions based on facts, not opinions. They should also be prepared to testify about facts which may contradict their beliefs.
In the Daubert case the plaintiffs' experts claimed that Bendectin caused their child's birth defects. 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 consider there was enough proof that Bendectin doubled a baby's chance of developing birth defects.
The Daubert decision was an affront to plaintiffs who had filed lawsuits against pharmaceutical companies in seeking justice. However, there are numerous avenues that the injured party could pursue a birth defect lawsuit.
A Philadelphia birth defect lawyer can provide victims with advice about whether they are eligible for a right to sue. A lawyer can assist plaintiffs determine whether they are qualified to file a lawsuit on their own or a class action. In certain instances a lawyer may make a birth injury claim as part of a multidistrict litigation (MDL). To get started by filling out the form on this page to request a a free and confidential consultation with a licensed lawyer.
Representation
Modern technology and recent advances in the field of medicine could have reduced the risk of complications that can occur during pregnancy and childbirth but they're not completely eliminated. When a birth defect or injury occurs and the cause could have been avoided, parents may pursue legal action to recover the costs associated with treatment.
Medical negligence claims tend to be due to a doctor's failure to identify or treat an illness. For example, a physician may not perform an ultrasound screening or make an error during surgery, resulting in a birth defect, such as spina bifida. Other causes that can lead to a birth defect lawsuit include improper medication for the mother or exposure to chemicals or other environmental hazards as the baby is developing in the womb.
A birth defect can affect any part of the body of a baby and affect their health, function and appearance. In some instances, a birth defect can drastically reduce a baby's lifespan or result in a significant amount of medical costs.
If you believe your child's birth defect or injury was due to medical malpractice or negligent care during labor or birth, contact a qualified birth defect attorney today. A lawyer can help explain your options and assist you to make a claim before the deadline for filing. A lawyer might also be competent to negotiate settlements on behalf of you with the parties responsible for the injury to your child.
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