Modern technology and advances in medicine have greatly reduced the risks associated with the birth of a child. However, birth defects or injury still happens frequently.
A birth defect lawsuit seeks compensation for medical expenses of your child, educational costs, and other expenses. You must prove that the medical professional who was involved did not follow the standard of care during or before the birth or during pregnancy.
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 attempt to do everything they can to prevent birth defects from occurring. Unfortunately, negligence and carelessness on the part of medical practitioners can increase the chance of birth defects and injuries. When this occurs families that are shocked might want to pursue justice via a birth defect lawsuit.
A successful birth defect law defect suit can result in damages for many different things. This includes the victim's pain and suffering, loss of consortium, medical expenses and lost earning capacity. The amount of compensation the victim will be awarded is contingent on the severity of the child's medical condition and how it has affected their standard of life.
Birth defects and birth injuries can be caused by a number of factors, including exposure to environmental factors. Research has shown that certain chemicals like pesticides, fungicides and lead, as well as paints and heavy metals may increase the chance of birth defects. Birth defect lawyers have brought suits against companies that exposed workers to harmful chemicals, and against pharmaceutical companies who have manufactured medications that can cause Birth defect litigation (Padlet.Pics) defects in fetuses such as DES.
If you suspect medical malpractice caused the birth injury or birth defect, you should consult a lawyer for birth defect case defects immediately. In some states, there is only one year to file a medical negligence suit, and if you wait longer than that may mean losing your chance of getting the justice you have earned for your child's injury.
Statute of Limitations
A statute of limitations is a law which defines the deadline for when a person is allowed to file a civil lawsuit. Anyone who fails to meet a deadline will lose the right to seek damages from a defendant. Birth injury cases can have more complex statutes of limitations than other types of medical malpractice cases.
A lawsuit is typically filed against the hospital or doctor that caused an injury to an individual during labor and delivery. These cases can be called birthing injury lawsuits or wrongful birth lawsuits, however Florida's laws allow parents to file a malpractice suit in the event of the death of an infant.
In order to prove medical malpractice, the injured party must prove that the doctor responsible was not able to meet the standards of care and consideration expected by another health healthcare provider in similar circumstances. This could include failing to recognize a serious condition such as low oxygen levels in childbirth which can lead to cerebral palsy and brain damage.
The first step to file a birth defect lawsuit is to contact an experienced attorney. A majority of attorneys offer free consultations and case reviews for birth defect litigation prospective clients. If the lawyer believes that a client has a valid claim they will review medical records and appoint expert witnesses to assess the case. They can also assist in the preparation of documents and file the medical malpractice lawsuit in time.
Expert Witnesses
In a case involving birth injuries it is essential to have experts who can explain medical procedures and practices before a jury. Expert witnesses can be difficult because they have to scrutinize an extensive amount of information to make decisions that are based on evidence rather than opinions. In addition, they must be willing to testify about facts that could contradict their opinions.
In the Daubert case the plaintiffs' experts suggested that Bendectin contributed to the birth defects of their child. The judge ruled that the evidence was "at the cutting edge of research in science where fact meets theories, and certainty dissolves into probabilities." However he was not convinced there was enough proof that Bendectin caused birth defects.
The Daubert ruling was a setback for the plaintiffs, who had filed a lawsuit against pharmaceutical companies to obtain justice. There are many ways for a victim to pursue a lawsuit over a birth defect.
A Philadelphia birth defect lawyer can assist victims on whether they have 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 cases, a lawyer can file a birth defect law injury lawsuit as part of multidistrict lawsuit (MDL). Please fill out the form below to receive a confidential and free consultation with an attorney.
Representation
While modern technology and recent advances in the field of medicine have greatly reduced the risk of complications during pregnancy and childbirth However, they aren't eliminated. Parents may pursue legal action if they suffer a birth defect or birth injury occurs, and the reason could have been prevented.
Medical negligence claims are often result from a doctor's inability diagnose or treat a disease. A physician may fail to perform an ultrasound or make a mistake during surgery, resulting in birth defects like spina bifida. Other causes for a birth defect lawsuit comprise an ineffective medication for the mother or exposure to chemicals or other environmental hazards while the baby develops in the womb.
A birth defect can affect any part of the body of a baby and affect their health, function and appearance. In certain instances the birth defect could dramatically reduce a child's life expectancy or lead to significant medical costs.
Contact an attorney for birth defects immediately if you believe the birth defect or birth injury was the result of medical negligence or negligence during labor or pregnancy. A lawyer can assist you to understand your options and submit a claim before the time limit expires. A lawyer can also negotiate an agreement with the responsible parties for the harm to your infant.
