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How to File a Birth Defect Lawsuit
Modern technology and advancements in medicine have dramatically reduced the risk of childbirth. 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 damages. To pursue such claims, you must prove that medical professionals violated the standard of care prior to or during pregnancy or the birth of your child.
Damages
Pregnancy can be one of the most exciting, but nerve-wracking moments in the life of a parent. Parents want their babies to be perfect and doctors do their best to prevent birth defects. Medical negligence and carelessness can increase the risk for birth defects and injuries. When this happens an astonished family might want to pursue justice via a birth defect lawsuit.
A successful birth defect lawsuit can result in damages for a number of different things. This includes suffering for the victim along with loss of consortium and medical expenses, in addition to loss of earning capacity. The amount of damages a victim receives will depend on the severity of their child's condition and the extent to which it has interfered with their daily life.
Environmental exposures can cause birth injuries and birth defects. Research has shown that certain chemicals, such as pesticides, fungicides, lead, paints, and heavy metals can increase the risk of birth defects. Birth defect lawyers have brought lawsuits against companies that exposed workers to harmful chemicals, and against pharmaceutical companies who have manufactured products that cause birth defects in fetuses such as DES.
If you suspect medical malpractice caused the birth injury of your child or birth defect, it is recommended to seek out a birth defect lawyer immediately. In some states, you only have one year to file a lawsuit against medical malpractice. If you put off filing a lawsuit for a longer period this could mean that your child won't get the justice they deserve.
Statute of Limitations
A statute of limitations is a law that establishes the deadline for filing a civil lawsuit. Anyone who fails to meet an expiration date will lose the right to claim damages against a defendant. Birth injury cases may have more complex statutes of limitations than other types of medical malpractice claims.
A lawsuit is typically filed against the hospital or doctor who caused injury to a patient during labor and delivery. These cases are sometimes known as birthing injuries lawsuits or wrongful birth lawsuits, although Florida's laws permit parents to file a malpractice lawsuit for the death of a child.
To prove medical malpractice, the party who suffered must prove that the doctor at fault didn't adhere to the standards of care and consideration expected by another health medical professional in similar circumstances. This includes not being able to identify a serious illness, such as low levels of oxygen in the childbirth process which can cause cerebral palsy or brain damage.
The first step to file a birth defect lawsuit is to reach an experienced attorney. A majority of attorneys offer free consultations and case reviews for prospective clients. If the lawyer believes that a client has a valid claim they will look over medical records and employ experts to examine the evidence. They can also assist in the preparation of documents and filing the medical malpractice suit within time.
Expert Witnesses
In the case of a birth injury it is crucial to have experts who can explain medical procedures and practices to a jury. However, expert witnesses can be difficult to work with since they must scrutinize huge amounts of evidence and be able to make decisions based on facts rather than their opinions. They should also be able to testify on evidence which may contradict their position.
In the Daubert Case, the plaintiffs' expert argued that Bendectin caused the birth defect in their child. The judge concluded that the evidence was "at the cutting-edge of scientific research, where evidence meets theories, and certainty dissolves into probabilities." However he was not convinced there was sufficient evidence to prove that Bendectin caused birth defects.
The Daubert decision was a setback to plaintiffs who had filed suit against pharmaceutical companies in the hope of obtaining justice. Nonetheless, there are still various ways in which an injured person could pursue a birth defect lawsuit.
A Philadelphia birth defect lawyer can assist victims on whether they have an opportunity to file a claim. Lawyers can assist clients determine if they're qualified to file a personal lawsuit or a class action. In some instances an attorney may be able to make a claim for birth injuries as part of a multidistrict lawsuit. Complete the form below to receive a confidential and free consultation with an attorney.
Representation
Modern technology and recent advances in the medical field may have reduced the chance of complications arising during childbirth and pregnancy, but they're not completely eliminated. When a birth defect or injury occurs, and the cause could have been avoided, parents may seek legal action to cover the costs associated with treatment.
Medical negligence claims are typically caused by a doctor's inability to diagnose or treat a disease. A doctor might fail to diagnose an ultrasound or make a mistake during surgery, leading to birth defects like spina bifida. Other causes for birth defect lawsuits include an ineffective medication for the mother or exposure to chemicals or other environmental hazards as the baby develops in the womb.
A birth defect can affect any part of the body of a baby and affect their health, functioning and appearance. In some cases birth defects may reduce the life span of a child or trigger significant medical expenses.
If you suspect your child's birth defect or injury was due to negligence or medical malpractice during labor or pregnancy seek out a qualified birth defect lawyer today. A lawyer can help discover your options and file a claim before the statute of limitations expires. A lawyer can also negotiate an agreement with the parties accountable for the harm to your child.
Modern technology and advancements in medicine have dramatically reduced the risk of childbirth. 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 damages. To pursue such claims, you must prove that medical professionals violated the standard of care prior to or during pregnancy or the birth of your child.
Damages
Pregnancy can be one of the most exciting, but nerve-wracking moments in the life of a parent. Parents want their babies to be perfect and doctors do their best to prevent birth defects. Medical negligence and carelessness can increase the risk for birth defects and injuries. When this happens an astonished family might want to pursue justice via a birth defect lawsuit.
A successful birth defect lawsuit can result in damages for a number of different things. This includes suffering for the victim along with loss of consortium and medical expenses, in addition to loss of earning capacity. The amount of damages a victim receives will depend on the severity of their child's condition and the extent to which it has interfered with their daily life.
Environmental exposures can cause birth injuries and birth defects. Research has shown that certain chemicals, such as pesticides, fungicides, lead, paints, and heavy metals can increase the risk of birth defects. Birth defect lawyers have brought lawsuits against companies that exposed workers to harmful chemicals, and against pharmaceutical companies who have manufactured products that cause birth defects in fetuses such as DES.
If you suspect medical malpractice caused the birth injury of your child or birth defect, it is recommended to seek out a birth defect lawyer immediately. In some states, you only have one year to file a lawsuit against medical malpractice. If you put off filing a lawsuit for a longer period this could mean that your child won't get the justice they deserve.
Statute of Limitations
A statute of limitations is a law that establishes the deadline for filing a civil lawsuit. Anyone who fails to meet an expiration date will lose the right to claim damages against a defendant. Birth injury cases may have more complex statutes of limitations than other types of medical malpractice claims.
A lawsuit is typically filed against the hospital or doctor who caused injury to a patient during labor and delivery. These cases are sometimes known as birthing injuries lawsuits or wrongful birth lawsuits, although Florida's laws permit parents to file a malpractice lawsuit for the death of a child.
To prove medical malpractice, the party who suffered must prove that the doctor at fault didn't adhere to the standards of care and consideration expected by another health medical professional in similar circumstances. This includes not being able to identify a serious illness, such as low levels of oxygen in the childbirth process which can cause cerebral palsy or brain damage.
The first step to file a birth defect lawsuit is to reach an experienced attorney. A majority of attorneys offer free consultations and case reviews for prospective clients. If the lawyer believes that a client has a valid claim they will look over medical records and employ experts to examine the evidence. They can also assist in the preparation of documents and filing the medical malpractice suit within time.
Expert Witnesses
In the case of a birth injury it is crucial to have experts who can explain medical procedures and practices to a jury. However, expert witnesses can be difficult to work with since they must scrutinize huge amounts of evidence and be able to make decisions based on facts rather than their opinions. They should also be able to testify on evidence which may contradict their position.
In the Daubert Case, the plaintiffs' expert argued that Bendectin caused the birth defect in their child. The judge concluded that the evidence was "at the cutting-edge of scientific research, where evidence meets theories, and certainty dissolves into probabilities." However he was not convinced there was sufficient evidence to prove that Bendectin caused birth defects.
The Daubert decision was a setback to plaintiffs who had filed suit against pharmaceutical companies in the hope of obtaining justice. Nonetheless, there are still various ways in which an injured person could pursue a birth defect lawsuit.
A Philadelphia birth defect lawyer can assist victims on whether they have an opportunity to file a claim. Lawyers can assist clients determine if they're qualified to file a personal lawsuit or a class action. In some instances an attorney may be able to make a claim for birth injuries as part of a multidistrict lawsuit. Complete the form below to receive a confidential and free consultation with an attorney.
Representation
Modern technology and recent advances in the medical field may have reduced the chance of complications arising during childbirth and pregnancy, but they're not completely eliminated. When a birth defect or injury occurs, and the cause could have been avoided, parents may seek legal action to cover the costs associated with treatment.
Medical negligence claims are typically caused by a doctor's inability to diagnose or treat a disease. A doctor might fail to diagnose an ultrasound or make a mistake during surgery, leading to birth defects like spina bifida. Other causes for birth defect lawsuits include an ineffective medication for the mother or exposure to chemicals or other environmental hazards as the baby develops in the womb.
A birth defect can affect any part of the body of a baby and affect their health, functioning and appearance. In some cases birth defects may reduce the life span of a child or trigger significant medical expenses.
If you suspect your child's birth defect or injury was due to negligence or medical malpractice during labor or pregnancy seek out a qualified birth defect lawyer today. A lawyer can help discover your options and file a claim before the statute of limitations expires. A lawyer can also negotiate an agreement with the parties accountable for the harm to your child.
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