How to File a Birth Defect Lawsuit

Modern medical technology and medicine have drastically reduced the risks of childbirth. But, a birth defect or injury is still a common occurrence.

A birth defect lawsuit seeks to compensate your child for medical expenses, education costs and other damages. To be able to file a claim, you need to demonstrate that a medical professional violated the standard of care before or during pregnancy or during the delivery.

Damages

Pregnancy can be one of the most exciting but nerve-wracking moments during the lifetime of a parent. Parents want their children to be perfect, and doctors do their best to prevent birth defects. Unfortunately, carelessness and negligence on the part of medical professionals can increase the risk of birth defects and injuries. When this happens families that are shocked should consider seeking justice through a birth defect lawsuit.

A successful birth defect lawsuit could result in damages for a multitude of different things. This includes suffering for the victim as well as loss of consortium, medical costs, as well as loss of earning capacity. The amount of damages a victim receives will depend on the degree of their child's health and the extent to which it has interfered with their quality of life.

Birth defects and birth injuries can be caused by a variety of causes, including environmental exposures. Studies have shown that pesticides, including fungicides and lead, as well paints, heavy metals and Birth Defect Lawyer heavy metals, may increase the risk of birth defects. Birth defect lawyers have filed lawsuits against companies that have exposed workers to hazardous chemicals, as well as against pharmaceutical companies who have manufactured drugs that could cause birth defects in fetuses, such as DES.

If you believe that your child's birth defect or birth injury was the result of medical negligence, you must consult a reputable birth defect lawyer as quickly as you can. In certain states, you have only one year to file a medical negligence suit, and waiting longer than that could mean losing the chance to receive the justice you need for your child's injuries.

Statute of Limitations

A statute of limitations is a law that defines the deadline for when a person is allowed to file a civil claim. If a person misses the deadline, they will lose the right to claim damages from the defendant. Birth injury cases can be more complex in terms of the statute of limitations than other medical malpractice claims.

A lawsuit is typically filed against the hospital or doctor who caused the patient's injuries during labor and delivery. These cases can be referred to birthing injury lawsuits or wrongful birth lawsuits, however, Florida's laws allow parents to file a malpractice suit in the event of the death of an infant.

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

The first step in filing a birth defect lawsuit is to speak with an experienced attorney. The majority of lawyers offer free consultations to prospective clients. If an attorney is convinced that the claim of a client is valid they will look over the medical records of the client and then hire experts to analyze the evidence. They can also assist in the preparation of documents and filing the medical malpractice suit within time.

Expert Witnesses

In a case involving a birth injury it is crucial to have experts who can explain medical procedures and practices before a jury. Expert witnesses can be difficult to testify because they have to carefully review a large amount of information to be able to make decisions in accordance with facts rather than opinion. In addition, they must be able to testify regarding things that may contradict their beliefs.

In the Daubert case the plaintiffs' experts suggested that Bendectin was the cause of their child's birth defects. The judge concluded that the evidence was "at the forefront of scientific research, where science 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 get justice. There are many avenues for a victim to bring a lawsuit based on a birth defect.

A Philadelphia birth defect lawyer can assist victims on whether they're eligible for a claim. A lawyer can decide if the plaintiff is able to file a lawsuit individually or as part of an action class. In some cases lawyers can bring a lawsuit on behalf of a birth injuries as part of a multidistrict lawsuit. To get started, fill out the form here for an unreserved and confidential consultation with a qualified attorney.

Representation

Although modern technology and recent advancements in the medical field have significantly reduced the risk of complications during childbirth and pregnancy but they aren't completely eliminated. If a birth defect injury occurs, and the cause could have been avoided, parents can pursue legal action to recover the costs associated with treatment.

Medical negligence claims are usually caused by a doctor's inability to diagnose or treat a disease. A doctor may fail to diagnose an ultrasound or make a mistake during surgery, resulting in birth defects like spina bifida. Other causes that can lead to a birth defect law firm defect lawsuit comprise inadequate medication for the mother or birth defect lawyer 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 that can affect their appearance, health, and function. In certain cases, birth defects can reduce a baby's lifespan or cause significant medical costs.

Contact a birth defect lawyer now if you believe the birth defect or injury was caused by medical negligence or carelessness during labor or birth. A lawyer can assist you to discover your options and submit a claim before the time limit expires. A lawyer can also negotiate an agreement with the parties responsible for the injury suffered by your child.