• 목록
• 답변
• 글쓰기
• 게시판 리스트 옵션
  • 수정
  • 삭제

How to File a Birth Defect Lawsuit

Modern technology and medicine have dramatically reduced the risk of childbirth. But, a birth defect or injury still occurs frequently.

A birth defect lawsuit seeks to compensate your child for medical expenses, education costs and other damages. You must prove that the medical professional you are suing breached the standard of care prior to or during pregnancy or delivery.

Damages

Pregnancy can be one of the most exciting, yet nerve-wracking events during the lifetime of a parent. Parents want their children to be perfect and doctors do everything they can to avoid birth defects. Unfortunately, carelessness and negligence on the part of medical practitioners can increase the chance of birth injuries and birth defect law firms defects. A family who is shocked by this situation should consider seeking legal action for a birth defect.

A successful birth defect lawsuit could result in damages for a variety of different things. These include the victim's pain and suffering and loss of consortium, medical expenses and lost earning capacity. The amount of the damages a victim is awarded will depend on the severity of their child's medical condition and the extent to which it has interfered with their daily life.

Environmental exposures can cause birth injuries and birth defects. Studies have revealed that certain chemicals, like fungicides, pesticides lead, paints, and heavy metals can increase the chance of birth defects. Birth defect lawyers have brought lawsuits against companies that have exposed workers to toxic chemicals, as well against pharmaceutical companies that have made products that cause birth defects in fetuses, such as DES.

If you believe that your child's birth defect or injury was the result of medical malpractice, it is important to consult a skilled birth defect lawyer as quickly as possible. In some states, there's only one year to file a medical malpractice suit, and waiting any longer than that could result in losing the chance to receive the justice you deserve for your child's injury.

Statute of limitations

A statute of limitations is a law that determines the time limit for a person to file a civil action. If a person fails to meet a deadline loses the right to pursue a defendant for damages. Birth injury cases may have more complex statutes of limitations than other types of medical malpractice claims.

A lawsuit is usually brought against the doctor or hospital that caused an injury to an individual during labor and birth. These cases can be referred to birthing injury suits or wrongful birth lawsuits, although Florida's laws permit parents to file a malpractice lawsuit in the event of the death of an infant.

To prove medical negligence, the person who was injured will need to show that the doctor at fault didn't adhere to the standards of care and consideration required by a different health care provider in similar circumstances. This includes failing in diagnosing a serious illness such as low oxygen levels during childbirth that cause brain damage and cerebral palsy.

Finding a reputable attorney is the first step towards filing an action for birth defects. Many attorneys provide free consultations for potential clients. If an attorney is convinced that the client's claim is legitimate, they will review the medical records of the client and employ experts to assess the evidence. They will also assist with the preparation of documents and file the medical malpractice lawsuit on time.

Expert Witnesses

In a case involving a birth injury it is crucial to have experts who can explain medical procedures and practices to a jury. However, expert witnesses aren't easy to work with as they must carefully examine massive amounts of evidence and make decisions based on the facts rather than their opinions. They also have to be willing to provide evidence on matters that might contradict their position.

In the Daubert Case the plaintiffs' expert claimed that Bendectin is the reason for their child's birth defect. The judge concluded that the evidence was "at the cutting-edge of scientific research where fact meets theories and the certainty is transformed into probabilities." However he was not convinced there was enough evidence that Bendectin caused birth defects.

The Daubert ruling was a setback for plaintiffs, who had suing pharmaceutical companies to get justice. There are many ways for an injured party to seek a legal action over a birth defect.

A Philadelphia birth defect lawyer can provide victims with advice on whether they have a right to sue. A lawyer can help plaintiffs determine if they are qualified to file an individual lawsuit or a class action. In certain cases, an attorney can file a lawsuit for birth injuries as part of multidistrict litigation. Fill out the form to get a confidential and free consultation with an attorney.

Representation

Although modern technology and recent advances in medicine have significantly reduced the risk of complications during pregnancy and childbirth however, they are not completely eliminated. If a birth defect or injury occurs, and the cause is preventable, parents may pursue legal action to recover the costs related to treatment.

Medical negligence claims often result from a doctor's inability to properly diagnose or treat a problem. A doctor might fail to diagnose an ultrasound or make a mistake during surgery, leading to birth defects such as spina bifida. Other causes for a birth defect lawsuit include inadequate medication for the mother or exposure to chemicals or other environmental hazards as the baby is growing 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 cases the birth defect can significantly diminish a baby's life expectancy, or cause an enormous amount of medical expenses.

If you think your child's birth defect law firm defect or injury was the result of medical malpractice or negligent care during pregnancy or labor consult a certified birth defect lawyer today. A lawyer can assist you discover your options and file a claim before the statute of limitations expires. A lawyer might also be able to negotiate an agreement on your behalf with the responsible parties for your child's injuries.