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 compensation for medical expenses of your child as well as educational costs and other losses. To be able to pursue a claim, you must prove that medical professionals violated the standard of care prior to or during pregnancy or the birth of your child.

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, birth Defect lawsuits and doctors do everything possible to avoid birth defects. Medical negligence and carelessness could increase the risk for birth defects and injuries. A family that is stricken by this situation should consider suing for a birth defect.

A successful birth defect lawsuit can result in damages for a multitude of different things. This includes suffering for the victim, loss of consortium and medical costs, as well as lost earning capacity. The amount of compensation a victim will receive depends on the severity of the child's condition and how it has affected their standard of life.

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

If you suspect that medical malpractice caused the birth injury of your child or birth defect, seek out a birth defect lawyer immediately. In certain states, you only have one year to file a lawsuit for medical malpractice. If you wait longer, it could mean that your child will not receive the justice they deserve.

Statute of limitations

A statute of limitations is a law that establishes the time limit for a person to file a civil claim. If a person misses the deadline, they lose their right to seek damages from a defendant. Birth injury cases have more complicated statutes of limitations than other types of medical malpractice cases.

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

In a lawsuit for medical malpractice, the injured party must prove the at-fault doctor was not adhering to the expected level of care and consideration that other health care providers would have utilized in similar circumstances. This includes failing to diagnose an illness that is serious like low levels of oxygen in the childbirth process that can cause brain damage and cerebral palsy.

Contacting a reputable attorney is the first step in filing an action for birth defects. Many attorneys provide free consultations to potential clients. If the lawyer believes that a client has a valid claim, they will look over medical records and engage experts to examine them. They can also assist in the preparation of documents and filing the medical malpractice lawsuit within time.

Expert Witnesses

In a case involving birth injuries it is crucial to have experts who can explain medical procedures and practices to a jury. Expert witnesses can be difficult to work with because they must scrutinize huge amounts of evidence and make decisions based upon facts rather than their opinions. They must also be prepared to testify about facts that might conflict with their opinions.

In the Daubert case the plaintiffs' experts suggested that Bendectin had caused birth defects in their child. The judge found that the evidence was on the "cutting edge of research in science, where reality meets theory, and certainty transforms into probability." However the judge did believe that there was sufficient evidence to prove that Bendectin doubled a baby's risk of developing birth defects.

The Daubert decision was an affront to plaintiffs who had filed suit against pharmaceutical companies in an effort to obtain justice. There are numerous avenues that an injured person can pursue a lawsuit for birth defects.

A Philadelphia birth defect attorney will assist the victims 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 certain instances, a lawyer can start a lawsuit for birth injuries as part of a multidistrict litigation (MDL). To get started, fill out the form on this page for an initial consultation for free and confidential with a professional lawyer.

Representation

Modern technology and recent advancements in medical technology may have decreased the chance of complications arising during pregnancy and childbirth, but they're not entirely eliminated. If a birth defect or injury occurs and the cause was preventable, parents can seek legal action to pay for the costs associated with treatment.

Medical negligence claims usually stem from a doctor's failure to recognize or treat a condition. Physicians may fail to diagnose an ultrasound or make a mistake during surgery, leading to birth defects like spina bifida. Other causes that can lead to birth defect lawsuits include insufficient medication for the mother or exposure to chemicals or other environmental dangers while the baby is growing in the womb.

A birth defect could affect any part of the body of a newborn which can affect their health, appearance and performance. In some instances birth defects can drastically reduce a baby's life expectancy or lead to significant medical costs.

Contact a birth defect lawyer today if you suspect that your child's birth defect or injury was caused by medical negligence or malpractice during pregnancy or labor. A lawyer can assist you in understanding your options and assist you to make a claim prior the time limit expiring. A lawyer may also be able to negotiate settlements on behalf of you with the parties responsible for your child's injuries.