How to File a Birth Defect Lawsuit

Modern technology and advancements in medicine have dramatically reduced the risk of birth. However, birth defects or injury still occurs frequently.

A birth defect lawsuit seeks to compensate your child for Birth defects medical expenses, education costs and other damages. You must prove that the medical professional involved breached the standard of care prior to or during the birth or delivery.

Damages

Pregnancy can be one of the most exciting but nerve-wracking moments in a parent's lifetime. Parents want their children to be perfect, and doctors work to do everything they can to prevent birth defects from happening. Unfortunately, negligence and carelessness on the part of medical practitioners can increase the risk of birth injuries and birth defects. Families who are shocked by this situation should consider taking legal action to remedy a birth defect.

A successful birth defect lawsuit could result in damages for a variety of different things. This can include the pain and suffering and loss of consortium, medical expenses, and loss of earning capacity. The amount of the damages a victim is awarded will depend on the degree of their child's health and the extent to which it has interfered with their daily life.

Birth injuries and birth defects can be caused by a variety of factors which include exposure to environmental factors. Studies have shown that certain chemicals, like fungicides, pesticides and lead, as well paints and heavy metals may increase the chance of birth defects. Birth defect lawyers have filed lawsuits against companies that exposed workers to toxic chemicals, as well against pharmaceutical companies who have manufactured drugs that can cause birth defects in fetuses, like DES.

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

Statute of limitations

A statute of limitation is a law that establishes the deadline for an individual to file an action in civil court. Anyone who fails to meet the deadline will lose the right to seek damages from a defendant. 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 hospital or doctor who caused injury to patients during labor or birth. These cases can be referred to as birthing injury lawsuits or wrongful birth lawsuits however, Florida's laws allow parents to file a malpractice lawsuit for the death of a child.

In order to prove medical malpractice, the party who suffered will need to show that the doctor at fault did not follow the level of care and consideration required by a different health healthcare provider in similar situations. This could include failing to recognize serious conditions like low oxygen levels in childbirth which can lead to cerebral palsy and brain damage.

A qualified attorney should be the first step in filing a lawsuit against birth defects. The majority of lawyers offer free consultations to prospective clients. If an attorney believes the claim of a client is legitimate they will go over the medical records of the client and employ experts to analyze them. They will also assist in preparing documents and file the medical malpractice lawsuit within the timeframe.

Expert Witnesses

In cases involving birth injuries, it is vital to have medical experts who are able to provide a jury with the medical procedures and practices. Expert witnesses can be difficult to work with as they must scrutinize huge amounts of data and make decisions based on evidence rather than their opinions. They should also be prepared to testify on facts that may conflict with their opinion.

In the Daubert case, the plaintiffs' experts claimed that Bendectin caused their child's birth defects. The judge concluded that the evidence was on the "cutting edge of scientific research, where evidence is matched by theory, and certainty turns into probability." However the judge did believe that there was sufficient evidence to prove that Bendectin doubled a baby's chance of developing birth defects.

The Daubert ruling was a setback for plaintiffs, who had filed a lawsuit against pharmaceutical companies in order to win justice. Nonetheless, there are still numerous avenues that an injured person can pursue a lawsuit for birth defects.

A Philadelphia birth defect lawyer can assist those suffering from birth defects to determine whether they're eligible for a claim. Lawyers can assist victims determine if they're qualified to file a lawsuit as an individual or a class action. In some cases, an attorney can bring a lawsuit on behalf of a birth injury as part of a multidistrict litigation. Fill out the form below to get a confidential and free consultation with an attorney.

Representation

Modern technology and recent advancements in medical technology may have reduced the chance of complications occurring during pregnancy and childbirth, however they're not entirely eliminated. Parents can pursue legal action if a birth defect or birth injury occurs, and the reason could have been prevented.

Medical negligence claims are usually due to a doctor's failure to diagnose or treat a condition. A doctor may not perform an ultrasound or make a mistake in surgery, leading to birth defects such as spina bifida. Birth defects can be caused by a wrong medication that is taken by the mother, or exposure to chemicals and other environmental dangers that can affect the development of the baby during 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 birth defects can significantly diminish a baby's life expectancy or lead to significant medical costs.

Contact an attorney for birth defects immediately if you believe the birth injury or defect was caused by medical negligence or carelessness during labor or birth. A lawyer can help explain your options and assist you to file a claim prior to the statute of limitations expiring. A lawyer can also negotiate an agreement with the parties accountable for the injury suffered by your child.