How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have significantly reduced the risk of childbirth. Birth defects or injuries continue to occur frequently.

A birth defect lawsuit seeks to recover for your child's medical expenses education costs, as well as other losses. You must prove that the medical professional you are suing violated the standard care during or before the pregnancy or birth.

Damages

Pregnancy can be one of the most exciting yet nerve-wracking times in a parent's lifetime. Parents want their babies 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 risk of birth injuries and birth defects. A family that is shocked by this incident should think about suing for a birth defect.

A successful birth defect suit could result in damages for many different things. This includes the victim's suffering and suffering and loss of consortium, medical expenses and lost earning capacity. The amount of damages a victim will receive will depend on the severity of their child's medical condition and the extent to which it has affected with their quality of life.

Birth defects and birth defect lawyer birth injuries can be caused by a number of causes that include exposure to environmental factors. Studies have proven that certain chemicals, like pesticides, fungicides and lead, as well paints and heavy metals may increase the chance of birth defects. Birth defect lawyers have brought suits against companies that exposed workers to harmful chemicals, and against pharmaceutical companies that have developed drugs that could cause birth defects in fetuses such as DES.

If you think your child's birth defect or injury was the result of medical negligence, you must seek out a skilled birth defect lawyer - click here for info, as soon as possible. In some states, you only have one year to file a medical negligence suit, and waiting longer than that could result in losing the chance to receive the justice you are due for the injury your child sustained.

Statute of limitations

A statute of limitations is a law which establishes the deadline for a person to file a civil lawsuit. If a claimant fails to file by the deadline, they will lose their right to seek damages from the defendant. Birth injury cases can have a more complicated statute of limitations than other medical malpractice claims.

A lawsuit is typically filed against the medical professional or hospital that caused a patient's injuries during labor and birth. These cases are often called birthing injury lawsuits or wrongful birth lawsuits however, Florida's laws allow parents to file a malpractice suit for the death of an infant.

To prove medical malpractice, birth defect lawyer the injured party must prove that the doctor who was at fault did not follow the standard of care or consideration expected by another health care provider in similar circumstances. This includes failing diagnose a serious condition such as low oxygen levels during childbirth that can cause cerebral palsy and brain damage.

Contacting a qualified attorney is the first step towards filing a lawsuit against birth defects. A majority of attorneys offer free consultations to potential clients. If the lawyer believes that a client has a valid claim, they will look into medical records and hire experts to review their credibility. They will also help prepare documents and file the medical malpractice lawsuit within the timeframe.

Expert Witnesses

In a case involving a birth injury it is essential to have experts who can explain medical procedures and practices before a jury. However, expert witnesses can be difficult to work with because they must be able to scrutinize massive quantities of information and be able to make decisions based on facts rather than their opinions. They must also be willing to provide evidence on matters that could contradict their opinion.

In the Daubert case the plaintiffs' experts argued that Bendectin contributed to their child's birth defects. The judge ruled that the evidence was on the "cutting edge of scientific research, where evidence meets theory and certainty dissolves into probability." However the judge did not believe that there was sufficient evidence that Bendectin doubled a baby's chance of developing birth defects.

The Daubert ruling was a setback for plaintiffs, who had sued pharmaceutical companies to try and obtain justice. There are many avenues for an injured party to file a lawsuit for the birth defect.

A Philadelphia birth defect lawyer can assist victims on whether they're eligible for an opportunity to file a claim. Lawyers can assist plaintiffs determine if they are eligible to file an individual lawsuit or a class action. In certain situations lawyers can bring a birth injury lawsuit 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 medical technology may have reduced the chance of complications arising during pregnancy and childbirth, but they're not entirely eliminated. Parents can pursue legal action if they suffer a birth injury or defect occurs, and the reason could have been avoided.

Medical negligence claims are usually due to a doctor's failure to diagnose or treat a disease. For instance, a doctor could neglect to perform an ultrasound test or make an error during surgery, resulting in a birth defect similar to 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 while the baby develops in the womb.

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

Contact a birth defect lawyer today if you suspect that your child's birth injury or defect was caused by medical negligence or mistakes during labor or pregnancy. A lawyer can explain your options and assist you to make a claim before the statute of limitations expiring. A lawyer may also be able to negotiate a settlement on your behalf with the parties accountable for your child's injuries.