10 Birth Defect Claim That Are Unexpected
How to File a Birth Defect Lawsuit
Modern technology and medicine have dramatically reduced the risk of childbirth. However, birth defects or injury can still happen frequently.
A birth defect lawsuit seeks to recover for your child's medical expenses, educational costs, and other losses. You must prove that the medical professional involved did not follow the standard of care prior to or during the birth or delivery.
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 attempt to do their best to stop birth defects from occurring. Unfortunately, negligence and carelessness on the part of medical practitioners can increase the risk of birth injuries and birth defects. Families who are shocked by this situation should consider the possibility of suing over a birth defect.
A successful birth defect lawsuit could result in damages for a variety of different things. This includes pain and suffering for the victim along with loss of consortium and medical expenses, in addition to lost earning capacity. The amount of compensation a victim will receive depends on the severity of the child's condition, and how much it has affected their standard of life.
ann arbor birth defect attorney (vimeo.Com) defects and birth injuries can be caused by a variety of causes such as exposure to environmental factors. Studies have revealed that certain chemicals, like pesticides, fungicides lead, paints and heavy metals may increase the chance of birth defects. Birth defect lawyers have filed lawsuits against companies that exposed workers to these harmful chemicals, and also against pharmaceutical companies that have made drugs that could cause birth defects in fetuses, like DES.
If you suspect that medical error caused the birth injury of your child or birth defect, it is recommended to consult a lawyer for birth defects immediately. In some states, you only have one year to file a lawsuit claiming medical malpractice. If you delay this could mean that your child will not receive the justice they deserve.
Statute of Limitations
A statute of limitations is a law that defines how long a person has to file a civil suit. If a person fails to meet a deadline will lose the right to seek damages from a defendant. Birth injury claims may have a more complicated statute of limitations than other medical malpractice claims.
A lawsuit is typically filed against the hospital or doctor that caused injuries to a patient during labor and emporia birth defect attorney. These cases are often referred to as 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 order to prove medical malpractice, the victim will need to show that the doctor responsible did not follow the level of care and consideration required by a different health medical professional in similar circumstances. This includes failing to recognize an illness of serious severity for example, low oxygen levels during childbirth that result in brain damage and cerebral palsy.
Contacting a reputable attorney is the first step towards filing an action for birth defects. Most attorneys offer free consultations and case review to prospective clients. If an attorney believes that the client's claim is legitimate they will look over the medical records of the client and then hire experts to assess them. They can also assist in the preparation of documents and file the medical malpractice lawsuit within time.
Expert Witnesses
In a birth injury case it is essential to have experts who can explain medical practices and procedures to a jury. Expert witnesses can be difficult to work with since they must carefully examine massive quantities of information and be able to make decisions based upon facts rather than opinions. In addition, they must be able to testify regarding things that may contradict their opinions.
In the Daubert Case, the plaintiffs' expert argued that Bendectin was the cause of the birth defect of their child. The judge concluded that the evidence was "at the cutting edge of research in science where fact meets theories and the certainty is transformed into probabilities." However the judge was not convinced there was enough proof that Bendectin caused birth defects.
The Daubert decision was a blow to plaintiffs that had filed a lawsuit against pharmaceutical companies an attempt to get justice. There are many ways an injured person can bring a lawsuit based on a birth defect.
A Philadelphia birth defect lawyer can help victims about whether they are eligible for a claim. A lawyer can decide if a plaintiff is eligible to file a suit on their own or as part of a class action. In certain instances lawyers may be able to make a birth injury claim in the context of multidistrict litigation (MDL). Fill out the form to receive a confidential and free consultation with an attorney.
Representation
Modern technology and recent advances in the medical field may have decreased the risk of complications that can occur during pregnancy and childbirth, however they're not completely eliminated. When a birth defect or injury occurs, and the cause is preventable, parents may seek legal action to recover the costs related to treatment.
Medical negligence claims typically result from a doctor's inability to properly diagnose or treat a condition. For instance, a physician may not perform an ultrasound screening or make mistakes during surgery, resulting in a birth defect like spina bifida. Birth defects can be caused by a wrong medication that is taken by the mother or exposure to chemicals or other environmental dangers that can affect the development of the baby in the womb.
A birth defect can affect any part of the body of a newborn which can affect their health, appearance and ann arbor Birth Defect attorney functioning. In some instances birth defects can shorten the life expectancy of a newborn or lead to major medical expenses.
Contact a birth defect lawyer today if you suspect that the birth defect or injury was the result of medical negligence or mistakes during labor or pregnancy. A lawyer can help explain your options and help you make a claim prior the time limit expiring. A lawyer can also negotiate a settlement with the parties responsible for the harm to your child.