How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have significantly reduced the risks associated with birth. But, a birth defect or injury is still a common occurrence.

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

Damages

Pregnancy is among the most exciting and stressful moments in the life of a mother. Parents want their babies perfect, and doctors do their best to avoid birth defects. Unfortunately, carelessness and negligence on the part of medical practitioners can increase the risk of birth defects and injuries. When this happens the family of the victim might want to pursue justice via a birth defect lawsuit.

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

Environmental exposures can result in birth injuries and birth defects. Studies have shown that certain chemicals like fungicides, pesticides, lead, paints and heavy metals can increase the chances of birth defects. Birth defect lawyers have filed suits against businesses that have exposed workers to these harmful chemicals, and also against pharmaceutical companies that have produced drugs that could cause birth defects in fetuses, such as DES.

If you suspect medical malpractice caused your child's birth injury or birth defect, you must consult a lawyer for birth defects immediately. In some states, you only have one year to file a lawsuit against medical malpractice. If you put off filing a lawsuit for a longer period and you don't, 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 suit. A person who misses the deadline will lose the right to sue a defendant for damages. birth defect law firms (webpage) injury cases can have more complicated statutes of limitations than other types of medical malpractice claims.

A lawsuit is typically brought against the hospital or doctor that caused an injury to the patient during labor and delivery. These cases can be known as birthing injuries lawsuits or wrongful birth lawsuits although Florida's laws permit parents to file a malpractice suit in the event of the death of an infant.

In order to prove medical malpractice, the injured party must prove that the doctor who was at fault was not able to meet the standards of care and consideration expected by another health medical professional in similar circumstances. This includes failing to diagnose a serious illness such as low levels of oxygen in the childbirth process that cause cerebral palsy or brain damage.

A qualified attorney should be the first step towards filing a lawsuit for birth defects. Most attorneys offer free consultations and case reviews to prospective clients. If an attorney believes that a client's claim is valid they will go over the medical records of the client and hire experts to review them. They can also assist in the preparation of documents and file the medical malpractice suit on time.

Expert Witnesses

In a case which involves birth injuries, it is vital to be able to have medical experts provide a jury with the medical procedures and practices. Expert witnesses can be difficult as they have to carefully review the vast amount of information in order to make a decision based on facts, not opinions. They also have to be willing to provide evidence on matters that might contradict their position.

In the Daubert case the plaintiffs' experts argued that Bendectin caused the birth defects of their child. The judge ruled that the evidence was on the "cutting edge of research in science, where reality meets theory and certainty dissolves into probabilities." However the judge did not believe that there was sufficient evidence to support the claim that Bendectin doubled the chances of developing birth defects.

The Daubert decision was an affront to plaintiffs who had filed a lawsuit against pharmaceutical companies seeking justice. There are many avenues an injured person can seek a legal action over a birth defect.

A Philadelphia birth defect attorney can assist victims in determining whether they have a case. A lawyer can determine whether the plaintiff is eligible to file a lawsuit on their own or as part of an action class. In certain cases, an attorney can file a lawsuit for birth injury as part of a multidistrict lawsuit. Complete the form below to get a confidential and free consultation with an attorney.

Representation

Although the advancements in technology and advances in the field of medicine have significantly reduced the risk of complications during pregnancy and childbirth but they aren't completely eliminated. If a birth defect injury occurs, and birth Defect law firms the cause was preventable, parents may pursue legal action to cover costs associated with treatment.

Medical negligence claims usually result from a doctor's inability to properly diagnose or treat a condition. For instance, a physician could neglect to perform an ultrasound test or make mistakes during surgery, resulting in a birth defect, such as spina bifida. Other common causes of a birth defect lawsuit are an ineffective medication for the mother or exposure to chemicals or other environmental hazards as the baby develops in the womb.

A birth defect can affect any part of a newborn's body, and affect their health, birth Defect Law Firms performance and appearance. In some cases the birth defect can drastically reduce a baby's life expectancy or lead to an enormous amount of medical costs.

Contact an attorney for birth defects today if you believe that the birth injury or defect was caused by medical negligence or negligence during labor or pregnancy. A lawyer can help you understand your options and make a claim prior to the statute of limitations expires. A lawyer can also negotiate a settlement with the parties accountable for the injuries suffered by your child.