How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have significantly reduced the risk of the birth of a child. However, birth defects or injury is still a common occurrence.

A birth defect lawsuit seeks compensation 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 treatment prior to or during pregnancy or delivery.

Damages

Pregnancy can be one of the most exciting, but nerve-wracking moments in the life of a parent. Parents want their children to be perfect, and doctors try to do all they can to prevent birth defects from happening. Medical negligence and inattention can increase the risk for birth defects and injuries. When this happens an astonished family ought to consider pursuing justice through a birth defect attorneys defect lawsuit.

A successful birth defect lawsuit could result in damages for a range of different things. This includes suffering and pain for the victim as well as loss of consortium, medical expenses, as well as loss of earning capacity. The amount of damages the victim will receive is contingent on the severity of the child's medical condition and how it has affected their standard of living.

Environmental exposures can result in birth injuries and birth defects. Studies have shown that certain chemicals, such as pesticides, fungicides, lead, heavy metals and paints can increase the likelihood of birth defects. Birth defect lawyers have brought suits against businesses that have exposed workers to these hazardous chemicals, as well as against pharmaceutical companies that have made medications that can 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 certain states, you only have one year to file a medical negligence suit, and waiting longer than that can mean losing your chance to get the justice you need for your child's injuries.

Statute of Limitations

A statute of limitations is a law that determines the time frame for which a person has to file a civil lawsuit. A person who misses an expiration date will lose the right to seek damages from a defendant. Birth injury cases may have more complex statutes of limitations than other types of medical malpractice claims.

A lawsuit is typically brought against the doctor or hospital who caused injury to an individual during labor and birth. These cases are usually called birthing injuries lawsuits or wrongful birth suits however Florida's laws permit parents to bring a medical malpractice lawsuit to bring a child's death.

To prove medical negligence, the person who was injured must prove that the doctor at fault was not able to meet the standards of care and consideration required by a different health medical professional in similar circumstances. This includes failing to diagnose an illness of serious severity for example, low levels of oxygen in the childbirth process that cause cerebral palsy and brain damage.

The first step in filing a birth defect lawsuit is to get in touch with an experienced attorney. The majority of lawyers offer free consultations for potential clients. If the attorney believes a client has a valid claim they will look into medical records and hire experts to examine the evidence. They can also assist in the preparation of documents and file the medical malpractice lawsuit on time.

Expert Witnesses

In the case of a birth injury it is essential to have experts who can explain medical procedures and practices before a jury. Expert witnesses can be difficult because they must scrutinize a vast amount of data in order to make a decision based on fact rather than opinion. Furthermore, they should be prepared to testify about things that may contradict their opinions.

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

The Daubert decision was an affront to plaintiffs who had filed a lawsuit against pharmaceutical companies seeking justice. There are many avenues for an injured party may pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer can help victims on whether they have a right to sue. Lawyers can determine if a plaintiff is eligible to file a lawsuit on their own or as part of an action class. In some cases attorneys can file a lawsuit for birth injury as part of a multidistrict litigation. Fill out the form to receive a confidential and free consultation with an attorney.

Representation

Although the advancements in technology and advances in medicine have greatly reduced the risk of complications during pregnancy and childbirth, they are not entirely eliminated. Parents may pursue legal action if they suffer a birth defect law firm injury or defect occurs, and the reason could have been avoided.

Medical negligence claims are often result from a doctor's inability identify or treat an illness. A doctor might not perform an ultrasound or make a mistake in surgery, leading to birth defects like spina bifida. Other common causes of a birth defect lawsuit include inadequate 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 a newborn's body, and impact their health, function and appearance. In certain instances the birth defect can drastically reduce a baby's life expectancy, or cause significant medical costs.

Contact a birth defect lawyer immediately if you believe the birth injury or defect was caused by medical negligence or mistakes during labor or pregnancy. A lawyer can explain your options and help make a claim prior the statute of limitations expiring. A lawyer might also be able to negotiate the settlement on your behalf with the responsible parties for the injury to your child.