How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have greatly reduced the risk of the birth of a child. However, birth defects or injury still occurs frequently.

A birth defect lawsuit seeks reimbursement for medical expenses of your child as well as educational costs and other losses. You must prove that the medical professional in question violated the standard treatment during or prior to the birth or delivery.

Damages

Pregnancy can be one of the most exciting yet nerve-wracking times in the life of a parent. Parents want their babies to be perfect, and doctors strive to do everything they can to prevent birth defects from occurring. Medical negligence and inattention can increase the risk for birth defects and injuries. When this occurs, a stunned family ought to consider pursuing justice through a birth defect lawsuit.

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

Environmental exposures can lead to birth injuries and birth defects. Studies have revealed that certain chemicals, like fungicides, pesticides and lead, as well as paints, and heavy metals can increase the risk of birth defects. Birth defect lawyers have filed lawsuits against companies that have exposed workers to harmful chemicals, and against pharmaceutical companies that have developed drugs that can cause birth defects in fetuses, such as 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 have only one year to file a lawsuit against 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 that establishes the time limit for an individual to file a civil lawsuit. If a person fails to meet a deadline will lose the right to pursue a defendant for damages. Birth injury cases can be more complex in terms of the time limit than other medical malpractice claims.

A lawsuit is typically filed against the doctor or hospital that caused a patient's injuries during labor and birth. These cases are usually called birthing injury lawsuits or wrongful birth defect lawyers suits, however, Florida's laws permit parents to make a claim for medical malpractice to bring a child's death.

To prove medical malpractice, the victim will need to show that the doctor responsible didn't adhere to the level of care and consideration expected by another health care provider in similar circumstances. This includes failing to recognize a serious condition such as low levels of oxygen during childbirth that result in cerebral palsy or brain damage.

The first step in filing a birth defect lawsuit is to speak with a skilled attorney. Most attorneys offer free consultations to potential clients. If the attorney is convinced that a client has a valid claim they will look into medical records and hire expert witnesses to assess the evidence. 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 a jury. Expert witnesses can be difficult as they must carefully examine a vast amount of data to make decisions based on fact rather than opinions. They must also be able to testify regarding things that may contradict their positions.

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

The Daubert ruling was a setback for plaintiffs, who had filed a lawsuit against pharmaceutical companies to win justice. There are many ways that an injured person could pursue a lawsuit for birth defects.

A Philadelphia birth defect lawyer can provide victims with advice on whether they're eligible for a claim. A lawyer can determine whether the plaintiff is eligible to file a lawsuit on their own or as part of a class action. In certain instances a lawyer may start a lawsuit for birth injuries as part of a multidistrict litigation (MDL). Complete the form below for a confidential and free consultation with an attorney.

Representation

Modern technology and recent advancements in the medical field may have decreased the risk of complications that can occur during pregnancy and childbirth but they're still not completely eliminated. When a birth defect or injury occurs and the cause is preventable, parents can seek legal action to cover the costs associated with treatment.

Medical negligence claims are typically caused by a doctor's inability to diagnose or treat a disease. A doctor may not perform an ultrasound or make a mistake in surgery, birth Defect lawsuits resulting in birth defects, such as 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 while the baby develops in the womb.

A birth defect can affect any part of a newborn's body. It can impact their health, function and appearance. In certain instances the birth defect could drastically reduce a baby's life expectancy, or cause significant medical costs.

If you suspect the birth defect or injury is the result of negligence or medical malpractice during labor or pregnancy consult a certified birth defect lawyer today. A lawyer can help identify your options and make a claim before the deadline for filing a claim expires. A lawyer can also negotiate an agreement with the parties accountable for the injury suffered by your child.