How to File a Birth Defect Lawsuit

Modern technology and advancements in medicine have dramatically reduced the risk of birth. However, birth defects or injury still occurs frequently.

A birth defect lawsuit seeks to pay your child's medical expenses, educational costs, and other losses. To pursue a claim, you need to establish that a medical professional violated the standard of care prior to or during pregnancy or during the delivery.

Damages

Pregnancy is among the most exciting and nerve-wracking moments in the life of a parent. Parents want their babies to be perfect, and doctors work to do all they can to prevent birth defects from occurring. Unfortunately, carelessness and negligence on the part of medical practitioners can increase the risk of birth injuries and defects. When this occurs, a stunned family should consider seeking justice through a birth defect lawsuit.

A successful birth defect lawsuit can result in damages for a number of different things. This includes the victim's suffering and suffering and loss of consortium medical expenses and lost earning capacity. The amount of damages an individual victim will be awarded depends on the degree of the child's health, and how much it has affected their quality of life.

Birth defects and birth injuries can be caused by a variety of causes, including environmental exposures. Studies have proven that pesticides like fungicides and lead and paints, heavy metals and heavy metals, may increase the risk of birth defects. Birth defect lawyers have brought lawsuits against companies that have exposed workers to harmful chemicals, and also against pharmaceutical companies that have developed drugs that can cause birth defect law firms defects in fetuses like DES.

If you suspect medical malpractice caused your child's birth injury or birth defect, consult a birth defect lawyer immediately. In certain states, you are given one year to file a lawsuit against medical malpractice. If you wait longer, it could mean that your child will never get the justice they deserve.

Statute of limitations

A statute of limitations is a law which defines the time limit for a person to file a civil lawsuit. If a claimant fails to file by the deadline, they lose their right to recover damages from a defendant. Birth injury claims have a more complicated statute of limitations than other medical malpractice claims.

A lawsuit is typically filed against the medical professional or hospital that caused a patient's injuries during labor and birth. These cases can be referred to as birthing injury suits or wrongful birth lawsuits although Florida's laws permit parents to file a malpractice lawsuit for the death of a child.

In a medical malpractice case, the injured party must prove that the doctor at fault did not follow the standard of care and consideration another medical professional would have used in similar circumstances. This includes failing to diagnose a serious condition such as low oxygen levels in childbirth which could lead to cerebral palsy and brain damage.

The first step to file a birth defect lawsuit is to reach an experienced attorney. A majority of attorneys offer free consultations to potential clients. If an attorney believes that the claim of a client is valid, they will review the medical records of the client and employ experts to assess the claims. They will also assist in preparing documents and filing the medical malpractice lawsuit in time.

Expert Witnesses

In a birth injury case it is crucial to have experts who can explain medical procedures and practices to a jury. Expert witnesses can be difficult to testify because they have to carefully review a vast amount of data to be able to make decisions that are based on evidence rather than opinion. They should also be prepared to provide evidence on matters which may contradict their opinion.

In the Daubert case the plaintiffs' experts argued that Bendectin contributed to birth defects in their child. The judge ruled that the evidence was "at the forefront of scientific research, where evidence meets theories and certainty transforms into probabilities." However the judge was not convinced there was enough evidence that Bendectin caused birth defects.

The Daubert decision was an affront to plaintiffs who had filed a lawsuit against pharmaceutical companies an effort to obtain justice. Nonetheless, there are still various ways in which an injured person can pursue a lawsuit for birth defects.

A Philadelphia birth defect lawyer will assist the victims to determine if they have a case. Lawyers can assist plaintiffs determine if they are qualified to file a lawsuit as an individual or a class action. In certain situations, a lawyer can start a lawsuit for birth injuries as part of multidistrict litigation (MDL). Please fill out the form below to receive a confidential and free consultation with an attorney.

Representation

Although the advancements in technology and advances in medicine have significantly reduced the risk of complications during childbirth and pregnancy but they aren't completely eliminated. If a birth defect, or injury occurs, and the cause is preventable, parents may seek legal action to cover the costs associated with treatment.

Medical negligence claims typically result from a doctor's inability to identify or treat a condition. For instance, a doctor may not perform an ultrasound test or make an error during surgery, resulting in a birth defect similar to spina bifida. Birth defects can also be caused by improper medication taken by the mother, or exposure to chemicals or other environmental dangers during the development of the baby during the womb.

A birth defect may affect any part of the body of a newborn and affect their appearance, health and performance. In certain cases birth defects can decrease the life expectancy of a newborn or lead to significant medical expenses.

If you suspect that the birth defect or injury is the result of negligence or medical malpractice during pregnancy or labor seek out a qualified birth defect attorney today. A lawyer can help explain your options and assist you to submit a claim prior to the time limit expiring. A lawyer might also be capable of negotiating a settlement on your behalf with the parties accountable for your infant's injury.