How to File a Birth Defect Lawsuit

Modern medicine and technology have greatly reduced the risks of childbirth. Birth defects or injuries continue to occur frequently.

A birth defect lawsuit seeks to recover for medical expenses of your child as well as educational costs and other losses. To be able to file a claim, you need to prove that a medical professional breached the standard of care prior to pregnancy or delivery.

Damages

Pregnancy is one of the most exciting and stressful moments in the life of a parent. Parents want their babies to be perfect, and doctors do everything they can to prevent birth defects. However, carelessness and negligence on the part of medical practitioners can increase the risk of birth injuries and birth defects. If this happens families that are shocked may want to seek justice through a birth defect lawsuit.

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

Birth injuries and birth defects can be caused by a variety of factors that include exposure to environmental factors. Studies have revealed that pesticides like fungicides and lead, as well heavy metals, paints, and heavy metals can increase the risk of birth defects. Birth defect lawyers have filed lawsuits against companies that exposed their workers to harmful chemicals as well as pharmaceutical companies that produce drugs like DES that can cause birth defects in fetuses.

If you suspect that your child's birth defect, or birth injury is the result of medical malpractice, you should consult a skilled birth defect lawyer as soon as possible. In some states, you have only one year to file a lawsuit for medical malpractice. If you wait it could mean that your child will never get the justice they deserve.

Statute of limitations

A statute of limitations is a law which establishes the deadline for a person to file an action in civil court. If a person misses the deadline, they lose the right to claim damages from the defendant. Birth injury claims be more complex in terms of the statute of limitations than other medical malpractice claims.

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

In a medical malpractice lawsuit the injured party must prove the at-fault doctor was not adhering to the standards of care and consideration that any other medical professional would have followed in similar circumstances. This includes failing diagnose an illness that is serious, for example, low oxygen levels during childbirth which can lead to cerebral palsy and brain damage.

A qualified attorney should be the first step towards filing a lawsuit for birth defects. The majority of lawyers offer free consultations and case review to potential clients. If an attorney is convinced that the client's claim is legitimate they will examine the medical records of the client and employ experts to evaluate them. They will also assist in preparing documents and file the medical malpractice lawsuit on time.

Expert Witnesses

In a case involving a birth injury it is essential to have experts who can explain medical practices and procedures to jurors. However, expert witnesses can be difficult to work with as they must scrutinize huge quantities of information and make decisions based upon facts rather than opinions. They must also be willing to testify about facts that could contradict their positions.

In the Daubert Case, the plaintiffs' expert believed that Bendectin was the cause of the birth defect in their child. The judge found that the evidence was at the "cutting edge of scientific research, where fact meets theory and the certainty transforms into probabilities." However the judge did not believe there was enough evidence that Bendectin increased the chance of developing birth defects.

The Daubert decision was a blow to plaintiffs that had filed a lawsuit against pharmaceutical companies an effort to obtain justice. There are many ways for a person who has suffered injury to seek a legal action over a birth defect.

A Philadelphia birth defect lawyer can assist victims in determining whether they have a case. A lawyer can assist clients determine if they're eligible to file a lawsuit on their own or a class action. In certain situations lawyers can make a birth injury claim in the context of multidistrict litigation (MDL). To start by filling out the form on this page to request a the opportunity to have a no-cost and confidential consultation with a reputable lawyer.

Representation

Modern technology and recent advances in the field of medicine could have reduced the chance of complications arising during childbirth and pregnancy, but they're not completely eliminated. Parents can seek legal action if they suffer a birth injury or defect occurs, and the reason could have been prevented.

Medical negligence claims tend to be result from a doctor's inability diagnose or treat a disease. A doctor might fail to conduct an ultrasound or make a mistake during surgery, resulting in birth defects, such as spina bifida. Other common causes of birth defect lawsuits include an ineffective medication for Birth Defect Lawsuits the mother or exposure to chemicals or other environmental hazards when the baby is growing in the womb.

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

If you suspect that your child's birth defect or injury is the result of medical malpractice or negligent care during pregnancy or labor seek out a qualified birth defect attorney today. A lawyer can provide you with your options and help submit a claim prior to the deadline for filing. A lawyer might also be capable of negotiating settlements on behalf of you with the parties responsible for your infant's injury.