How to File a Birth Defect Lawsuit

Modern medicine and technology have greatly reduced the risks of childbirth. However, birth defects or injury is still a common occurrence.

A birth defect lawsuit seeks reimbursement for your child's medical expenses, educational costs, and other expenses. You must prove that the medical professional you are suing has violated the standard medical treatment prior to or during pregnancy or delivery.

Damages

Pregnancy is among the most exciting and stressful times in a parent's life. Parents want their children to be perfect, and doctors strive to do everything possible to stop birth defects from happening. Unfortunately, carelessness and negligence on the part of medical professionals can increase the risk of birth injuries and birth defects. A family that is stricken by this circumstance should think about seeking legal action for a birth defect.

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

Birth injuries and birth defects can be caused by a variety of causes, including environmental exposures. Studies have proven that certain chemicals such as pesticides, fungicides lead, paints and heavy metals may increase the chances of birth defects. Birth defect lawyers have brought lawsuits against companies that exposed workers to harmful chemicals, and also against pharmaceutical companies that have developed drugs that could cause birth defects in fetuses, such as DES.

If you suspect that medical negligence caused the birth injury or birth defect, consult a lawyer for birth defects immediately. In some states, you have only one year to file a lawsuit claiming medical malpractice. If you wait longer this could mean that your child will never get the justice they deserve.

Statute of Limitations

A statute of limitations is a law that sets the deadline for a person to file a civil lawsuit. If a person fails to meet the deadline, they will lose the right to claim damages from a defendant. Birth injury cases can have a more complicated statute of limitations than other medical malpractice claims.

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

To prove medical negligence, the person who was injured will need to show that the doctor who was at fault did not follow the standard of care and consideration expected by another health medical professional in similar circumstances. This includes failing to recognize a serious condition such as low levels of oxygen in the childbirth process which can lead to cerebral palsy and brain damage.

A qualified attorney should be the first step towards filing a lawsuit for birth defects. A majority of attorneys offer free consultations and case review to prospective clients. If an attorney believes the claim of a client is valid they will go over the medical documents of the client and then hire experts to evaluate the claims. 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 practices and procedures to jurors. Expert witnesses aren't easy to work with because they must be able to scrutinize massive amounts of information and be able to make decisions based on evidence rather than their opinions. Additionally, they must be willing to testify about information that might contradict their views.

In the Daubert case, the plaintiffs' experts argued that Bendectin caused their child's birth defects. 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 not believe there was enough evidence to support the claim that Bendectin doubled a baby's risk of developing birth defects (http://Woodspock.Com%2F__Media__%2Fjs%2Fnetsoltrademark.Php%3Fd%3Dp.R.Os.P.E.R.Les.C@Pezedium.Free.fr?a[]=birth Defect lawsuit (http://Cineteck.net/)).

The Daubert decision was a setback to plaintiffs who had filed a lawsuit against pharmaceutical companies seeking justice. However, there are 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 are a victim. A lawyer can determine if the plaintiff is able to file a lawsuit individually or as part of an action class. In certain cases an attorney may be able to file a lawsuit for birth injuries as part multidistrict litigation. Please fill out the form below for a confidential and free consultation with an attorney.

Representation

Although the latest technology and advancements in the medical field have significantly reduced the risk of complications during childbirth and pregnancy However, they aren't eliminated. If a birth defect injury occurs, birth defects and the cause was preventable parents can seek legal action to cover the costs associated with treatment.

Medical negligence claims typically stem from a doctor's failure to properly diagnose or treat a problem. Physicians may not perform an ultrasound or make a mistake in surgery, resulting in birth defects such as spina bifida. Birth defects can be caused by a wrong medication taken by the mother, or exposure to chemicals or other environmental dangers during the child's development in the womb.

A birth defect could affect any part of the newborn's body that can affect their health, appearance and functioning. In some instances birth defects can severely reduce a baby's life expectancy, or cause significant medical costs.

Contact an attorney for birth defects birth defects immediately if you believe your child's birth defect or birth injury was the result of medical negligence or negligence during labor or pregnancy. A lawyer can provide you with your options and assist you to submit a claim prior to the time limit expiring. A lawyer may also be able to negotiate the settlement on your behalf with the parties accountable for your child's injuries.