How to File a Birth Defect Lawsuit

Modern medicine and technology have greatly reduced the risk of childbirth. However, birth defects or injury can still happen frequently.

A birth defect lawsuit seeks compensation for your child's medical expenses, educational costs, and other expenses. To pursue such claims, you must demonstrate that a medical professional breached the standard of care prior to pregnancy or 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 attempt to do everything they can to prevent birth defects from happening. Unfortunately, negligence and carelessness on the part of medical professionals can increase the risk of birth injuries and birth defects. A family who is shocked by this situation should consider suing for a birth defect.

A successful birth defect lawsuit can result in damages for a range of different things. This includes suffering and pain for the victim along with loss of consortium and medical expenses, in addition to 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 impacted with their daily life.

Birth defects and birth injuries can be caused by a number of factors which include environmental exposures. Studies have proven that certain chemicals, such as pesticides, fungicides and lead, as well as paints and heavy metals may increase the likelihood of farragut birth defect Law firm defects. Birth defect lawyers have filed suits against businesses that have exposed workers to harmful chemicals, and against pharmaceutical companies that have made drugs that can cause birth defects in fetuses, like DES.

If you believe that your child's birth defect or birth injury was the result of medical negligence, you must seek out a skilled birth defect lawyer as quickly as you can. In certain states, you are given one year to file a lawsuit claiming medical malpractice. If you wait and you don't, your child will never get the justice they deserve.

Statute of limitations

A statute of limitations is a law which defines the time frame for which a person has to file a civil claim. If a person misses the deadline, they will lose the right to claim damages from a defendant. Birth injury claims have a more complicated statute of limitations than other medical malpractice claims.

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

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

The first step to file a mount holly birth defect law firm defect lawsuit is to get in touch with a skilled attorney. A majority of attorneys offer free consultations and reviews of cases to potential clients. If the attorney believes that a client has a valid case, they will examine medical records and hire experts to evaluate the evidence. They can also assist in the preparation of documents and filing the medical malpractice lawsuit on time.

Expert Witnesses

In a case involving birth injuries it is essential to have experts who can explain medical procedures and practices to jurors. Expert witnesses can be difficult since they have to scrutinize a vast amount of data in order to make a decision in accordance with facts rather than opinions. They should also be prepared to testify on evidence that could contradict their beliefs.

In the Daubert case the plaintiffs' experts suggested that Bendectin was the cause of birth defects in their child. The judge concluded that the evidence was "at the forefront of scientific research, where evidence meets theories and certainty transforms into probabilities." However he was not convinced there was enough evidence to conclude that Bendectin caused birth defects.

The Daubert ruling was a setback to the plaintiffs, who had sued pharmaceutical companies to try and win justice. There are a variety of avenues for an injured party to seek a legal action over the birth defect.

A Philadelphia birth defect attorney will assist the victims to determine whether they have a case. Lawyers can determine if a plaintiff is eligible to file a lawsuit on their own or as part of a class action. In some instances attorneys can start a lawsuit for birth injury as part multidistrict litigation. Fill out the form below for a confidential and free consultation with an attorney.

Representation

While modern technology and recent advancements in the medical field have greatly reduced the risk of complications during childbirth and pregnancy however, they are not completely eliminated. Parents can pursue legal action if a birth injury or defect occurs, and the reason could have been avoided.

Medical negligence claims typically stem from a doctor's failure to recognize or treat a problem. A doctor may fail to conduct an ultrasound or make a mistake in surgery, leading to birth defects such as spina bifida. Other causes for a birth defect lawsuit are inadequate medication for the mother or exposure to chemicals or other environmental hazards when the baby is developing in the womb.

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

If you believe your child's birth defect or injury is the result of medical malpractice or negligent care during labor or birth, contact a qualified birth defect lawyer today. A lawyer can assist you to discover your options and submit a claim before the statute of limitations expires. A lawyer might also be in a position to negotiate the settlement on behalf of you with the parties accountable for your infant's injury.