How to File a Birth Defect Lawsuit

Modern medicine and technology have greatly decreased the risks of childbirth. However, birth defects or injury still happens frequently.

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

Damages

Pregnancy is one of the most exciting and nerve-wracking times in a parent's life. Parents want their children to be perfect and doctors do everything they can to prevent birth defects. Medical negligence and carelessness can increase the risk of birth defects and injuries. A family that is stricken by this circumstance should think about taking legal action to remedy a birth defect.

A successful birth defect lawsuit could result in damages for many different things. This includes suffering for the victim along with loss of consortium and medical expenses, not to mention lost earning capacity. The amount of damages a person suffers will depend on the severity of their child's condition and the extent that it has affected with their daily life.

Environmental exposures can cause birth defects and birth injuries. Studies have revealed that certain chemicals like pesticides, fungicides and lead, as well as paints and heavy metals can increase the chance of birth defects. Birth defect lawyers have brought suits against businesses that have exposed workers to these harmful chemicals, and also against pharmaceutical companies who have manufactured drugs that can cause birth defects in fetuses, like DES.

If you think your child's birth defect or injury was the result of medical malpractice, it is important to consult a skilled birth defect lawyer as quickly as possible. In some states, you have only one year to file a suit for medical malpractice. If you wait and you don't, your child will never get the justice they deserve.

Statute of limitations

A statute of limitations is a law that establishes how long a person has to file a civil suit. If a claimant fails to file by the deadline, they will lose the right to collect damages from the defendant. Birth injury claims may have a more complicated time limit than other medical malpractice claims.

A lawsuit is typically filed against the hospital or doctor who caused the patient's injuries during labor and delivery. These cases are often known as birthing injuries suits or wrongful birth lawsuits, however Florida's laws permit parents to file a malpractice lawsuit for the death of an infant.

In order to prove medical negligence, the person who was injured will need to show that the doctor who was at fault was not able to meet the standard of care and consideration required by a different health healthcare provider in similar circumstances. This includes failing to diagnose an illness that is serious, for example, low levels of oxygen in the childbirth process which can result in cerebral palsy and brain damage.

A qualified attorney should be the first step to file a lawsuit for birth defects. Most attorneys offer free consultations for potential clients. If an attorney believes a client's claim is valid they will look over the medical records of the client and hire experts to assess the claims. They will also assist in preparing documents and file the medical malpractice lawsuit in time.

Expert Witnesses

In cases with birth injuries, it is essential to have medical experts that can explain to jurors the medical procedures and practices. Expert witnesses can be difficult since they have to scrutinize a vast amount of data to make decisions in accordance with facts rather than opinion. In addition, they must be willing to testify about things that may contradict their beliefs.

In the Daubert case, the plaintiffs' experts suggested that Bendectin contributed to birth defects in their child. The judge found that the evidence was at the "cutting edge of research in science, where reality meets theory and the certainty transforms into probabilities." However, the judge did not consider there was enough proof that Bendectin doubled a baby's risk of developing birth defects.

The Daubert ruling was a setback to the plaintiffs, who had filed a lawsuit against pharmaceutical companies to obtain justice. But there are numerous avenues that the injured party could pursue a lawsuit for birth defects.

A Philadelphia birth defect attorney will assist the victims to determine whether they are a victim. Lawyers can determine if an individual plaintiff is eligible to file a suit on their own or as part of an action class. In certain cases attorneys can bring a lawsuit on behalf of a birth injuries as part of an interdistrict litigation. To start you must fill out the form here for an unreserved and confidential consultation with a licensed 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 are not completely eliminated. Parents can seek legal action if they suffer a birth defect or birth injury occurs, and the cause could have been avoided.

Medical negligence claims usually result from a doctor's inability to properly diagnose or treat a condition. For example, a physician could neglect to perform an ultrasound test or make a mistake during surgery, which could result in a birth defect similar to spina bifida. Other causes that can lead to birth defect lawsuits include insufficient 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 appearance, health, and function. In some instances the birth defect can dramatically reduce a child's lifespan or result in a significant amount of medical costs.

If you suspect the birth defect or injury is the result of medical malpractice or negligent care during labor or birth get in touch with a reputable birth defect attorney today. A lawyer can help identify your options and submit a claim before the deadline for filing a claim expires. A lawyer may also be able to negotiate an agreement on behalf of you with the parties accountable for your infant's injury.