How to File a Birth Defect Lawsuit

Modern medicine and technology have greatly reduced the risks of childbirth. But, a birth defect or injury can still happen frequently.

A birth defect lawsuit seeks reimbursement for your child's medical expenses as well as educational costs and other losses. To be able to file a claim, you must demonstrate that medical professionals violated the standard of medical 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 possible to prevent birth defects. However, carelessness and negligence on the part of medical professionals can increase the chance of birth injuries and defects. When this happens the family of the victim ought to consider pursuing justice through a birth defect lawsuit.

A successful birth defect suit can result in damages for many different things. This can include pain and suffering for the victim as well as loss of consortium and medical expenses, in addition to lost earning capacity. The amount of damages a victim receives will depend on the severity of their child's illness and the extent to which it has affected with their life quality.

Birth injuries and birth defects can be caused by a number of causes that include environmental exposures. Studies have revealed that certain chemicals, like fungicides, pesticides, lead, paints and heavy metals may increase the risk of birth defect attorneys defects. Birth defect lawyers have brought lawsuits against companies that exposed workers to harmful chemicals, and against pharmaceutical companies who have manufactured drugs that could cause birth defects in fetuses, like DES.

If you suspect that medical negligence caused your child's birth injury or birth defect, you must consult a lawyer for birth defects immediately. In some states, you are given one year to file a suit for medical malpractice. If you put off filing a lawsuit for a longer period, it could mean that your child will never receive the justice they deserve.

Statute of limitations

A statute of limitations is a law that defines how long a person has to file a civil suit. If someone misses the deadline, they lose their right to recover damages from a defendant. Birth injury claims can have a more complicated time limit than other medical malpractice claims.

A lawsuit is usually filed against the doctor or hospital who caused the patient's injuries during labor and birth. These types of cases are typically referred to as birthing injury lawsuits or wrongful birth suits, however, Florida's laws permit parents to make a claim for medical malpractice for an infant's death.

In order to prove medical negligence, the person who was injured must prove that the doctor responsible was not able to meet the standards of care and consideration expected by another health healthcare provider in similar situations. This includes failing in diagnosing an illness of serious severity for example, low oxygen levels during childbirth that can cause cerebral palsy and brain damage.

A qualified attorney should be the first step in filing an action for birth defects. The majority of lawyers offer free consultations and reviews of cases to prospective clients. If an attorney believes the client's claim is legitimate they will look over the medical records of the client, and they will hire experts to review them. They will also help prepare documents and file the medical malpractice suit on time.

Expert Witnesses

In the case of a birth injury it is crucial to have experts who can explain medical practices and procedures to jurors. However, expert witnesses aren't easy to work with as they must be able to scrutinize massive amounts of evidence and be able to make decisions based upon facts rather than their opinions. Additionally, they must be willing to testify on things that may contradict their views.

In the Daubert case, the plaintiffs' experts claimed that Bendectin caused their child's birth defects. The judge concluded that the evidence was "at the forefront of scientific research, where science meets theories, and certainty dissolves into probabilities." However, he did not believe there was enough proof that Bendectin caused Birth Defect Law Firms defects.

The Daubert decision was a blow to plaintiffs that had filed lawsuits against pharmaceutical companies in an effort to obtain justice. But there are many avenues for an injured person could pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer can advise victims about whether they have a right to sue. A lawyer can decide if an individual plaintiff is eligible to file a suit on their own or as part of an action class. In some cases lawyers can make a birth injury claim as part of multidistrict litigation (MDL). Please fill out the form below for a confidential and free consultation with an attorney.

Representation

Although the latest technology and advances in the field of medicine have drastically reduced the chance of complications during pregnancy and childbirth but they aren't completely eliminated. If a birth defect or injury occurs, and the cause could have been avoided, parents may pursue legal action to cover costs related to treatment.

Medical negligence cases typically result from a doctor's inability to identify or treat a condition. For instance, a doctor could neglect to perform an ultrasound screening or make an error during surgery, which could result in a birth defect similar to spina bifida. Other common causes of a birth defect lawsuit are an ineffective medication for the mother or exposure to chemicals or other environmental hazards when the baby is growing in the womb.

A birth defect may affect any part of the body of a newborn that can affect their health, appearance and functionality. In some cases, birth defects can reduce the life expectancy of a newborn or Birth defect Law firms lead to significant medical expenses.

If you suspect your child's birth defect or injury was the result of medical malpractice or negligent care during labor or pregnancy get in touch with a reputable birth defect lawyer today. A lawyer can explain your options and assist you to submit a claim prior to the statute of limitation expiring. A lawyer may also be competent to negotiate a settlement on behalf of you with the responsible parties for the injuries your infant sustained.