How to File a Birth Defect Lawsuit

Modern medicine and technology have greatly reduced the risk of childbirth. However, birth defects or injury is still a common occurrence.

A birth defect lawsuit seeks compensation for your child's medical expenses or educational costs, among other expenses. You must prove that the medical professional you are suing violated the standard treatment prior to or during pregnancy or delivery.

Damages

Pregnancy is one of the most exciting and nerve-wracking moments in the life of a parent. Parents want their children to be perfect, and doctors do everything possible to avoid birth defects. Unfortunately, carelessness and negligence on the part of medical professionals can increase the chance of birth defects and injuries. When this happens the family of the victim might want to pursue justice via a birth defect lawsuit.

A successful birth defect lawsuit could result in damages for a number of different things. These include the victim's suffering and suffering and loss of consortium medical expenses and lost earning capacity. The amount of damages that the victim will be awarded is contingent on the severity of the child's condition, and how much it has affected their standard of life.

Birth defects and birth injuries can be caused by a number of causes that include exposure to environmental factors. Research has shown that certain chemicals, such as pesticides, fungicides lead, heavy metals and paints can 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 who have manufactured products that 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 birth defect lawyer immediately. In certain states, you are given one year to file a suit for medical malpractice. If you wait it could mean that your child will never receive the justice they deserve.

Statute of Limitations

A statute of limitations is a law that establishes the deadline for when a person is allowed 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 cases can have a more complicated statute of limitations than other medical malpractice claims.

A lawsuit is usually filed against the doctor or hospital that caused a patient's injuries during labor and delivery. These cases are sometimes referred to as birthing injury lawsuits or wrongful birth lawsuits however Florida's laws allow parents to file a malpractice lawsuit for the death of a child.

In a medical malpractice case the victim must prove that the doctor at fault did not follow the expected level of care and consideration another health care provider would have applied in similar circumstances. This includes failing to recognize a serious illness such as low oxygen levels during childbirth that result in brain damage and cerebral palsy.

The first step to file a birth defect lawsuit is to speak with a skilled attorney. Most attorneys offer free consultations and case reviews to potential clients. If the lawyer believes that a client has a valid claim they will review medical records and appoint experts to review them. They can also assist in the preparation of documents and filing the medical malpractice lawsuit on time.

Expert Witnesses

In the case of a birth injury, it is important to have experts who can explain medical practices and procedures to a jury. Expert witnesses can be difficult because they have to carefully review a large amount of information to be able make decisions that are based on evidence rather than opinion. Furthermore, they should be willing to testify on facts that could contradict their views.

In the Daubert Case the plaintiffs' expert argued that Bendectin is the reason for the birth defect in their child. The judge ruled that the evidence was "at the cutting-edge of scientific research, where science meets theories and the certainty is transformed into probabilities." However the judge did not believe there was sufficient evidence to prove that Bendectin caused birth defects.

The Daubert ruling was a setback for plaintiffs who had sued pharmaceutical companies to try and win justice. But there are various ways in which an injured person could pursue a birth defect lawsuit.

A Philadelphia birth defect attorney will assist the victims to determine whether they're eligible for a claim. Lawyers can determine if the plaintiff is eligible to file a lawsuit individually or as part of a class action. In some instances, an attorney can make a claim for birth injury as part a multidistrict lawsuit. Fill out the form to receive a private and free consultation with an attorney.

Representation

Modern technology and recent advances in the field of medicine could have reduced the chance of complications arising during pregnancy and childbirth, but they're still not completely eliminated. When a birth defect or injury occurs and the cause could have been avoided, parents may pursue legal action to cover the costs associated with treatment.

Medical negligence claims are often based on a doctor's failure identify or treat an illness. For instance, a physician may fail to conduct an ultrasound exam or make mistakes during surgery, resulting in a birth defect like spina bifida. Other causes that can lead to 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 the body of a baby and affect their health, performance and appearance. In certain cases, birth defects can reduce the life expectancy of a newborn or lead to substantial medical expenses.

If you suspect the birth defect or injury was caused by medical malpractice or negligent care during labor birth defect lawsuit or birth get in touch with a reputable birth defect lawyer today. A lawyer can assist you determine your options and make a claim prior to the deadline for filing a claim expires. A lawyer might also be in a position to negotiate settlements on your behalf with the parties responsible for your infant's injury.