How to File a Birth Defect Lawsuit

Modern medical and technological advances have significantly reduced the risk of childbirth. However, birth defects or injury can still happen frequently.

A birth defect lawsuit seeks to pay your child's medical expenses, education costs and other losses. You must prove that the medical professional involved violated the standard care during or before the birth or during pregnancy.

Damages

Pregnancy is one of the most exciting and nerve-wracking times in a parent's life. Parents want their children to be perfect, and doctors try to do their best to stop birth defects from happening. Unfortunately, carelessness and negligence on the part of medical practitioners can increase the risk of birth injuries and birth defects. A family who is shocked by this circumstance should think about seeking legal action for a birth defect.

A successful birth defect lawsuit could result in damages for many different things. This can include pain and suffering for the victim as well as loss of consortium and medical expenses, in addition to lost earning capacity. The amount of damages the victim will be awarded is contingent on the severity of the child's condition and how much it has affected their quality of living.

Birth injuries and birth defects can be caused by a number of factors which include exposure to environmental factors. Research has shown that certain chemicals like pesticides, fungicides lead, paints and heavy metals can increase the likelihood of birth defects. Birth defect lawyers have filed lawsuits against companies that have exposed workers to these hazardous chemicals, as well as against pharmaceutical companies that have produced drugs that can cause birth defects in fetuses such as DES.

If you suspect that medical error caused the birth injury or birth defect, consult a lawyer for birth defects immediately. In certain states, you only have one year to file a lawsuit claiming 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 which establishes the deadline for a person to file a civil lawsuit. If a claimant fails to file by the deadline, they lose their right to seek damages from a defendant. Birth injury cases could have more complicated statutes of limitations than other kinds of medical malpractice claims.

A lawsuit is typically filed against the hospital or doctor who caused injury to a patient during labor and delivery. These cases can be referred to as birthing injury suits or wrongful birth lawsuits, although Florida's laws permit parents to file a malpractice lawsuit for the death of a child.

In a lawsuit for medical malpractice the injured party must prove the at-fault doctor did not adhere to the expected level of care and consideration that another health care provider would have applied in similar circumstances. This includes failing to diagnose an illness of serious severity for example, birth Defects low levels of oxygen in the childbirth process which can cause cerebral palsy and brain damage.

Finding a reputable attorney is the first step to filing a lawsuit for birth defects. A majority of attorneys offer free consultations and case reviews for prospective clients. If an attorney believes a client's claim is valid they will look over the medical records of the client, and they will hire experts to assess the evidence. They can also assist in the preparation of documents and birth defects file the medical malpractice lawsuit within time.

Expert Witnesses

In the case of a birth defect law firms injury it is crucial to have experts who can explain medical procedures and practices before a jury. Expert witnesses aren't easy to work with since they must carefully examine massive amounts of data and be able to make decisions based on evidence rather than opinions. They must also be willing to testify on facts that could contradict their positions.

In the Daubert case the plaintiffs' experts suggested that Bendectin was the cause of their child's birth defects. The judge found that the evidence was on the "cutting edge of research in science, where fact meets theory and the certainty transforms into probabilities." However the judge did not consider there was enough evidence to support the claim that Bendectin increased the chance of developing birth defects.

The Daubert decision was a setback to plaintiffs who had filed a lawsuit against pharmaceutical companies the hope of obtaining justice. There are many avenues for an injured party may pursue a lawsuit for birth defects.

A Philadelphia birth defect lawyer can assist those suffering from birth defects to determine whether they're eligible for a claim. A lawyer can decide if a plaintiff is eligible to file a suit on their own or as part of an action class. In some instances an attorney may be able to make a claim for birth injuries as part of a multidistrict lawsuit. Please fill out the form below to get a confidential and free consultation with an attorney.

Representation

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

Medical negligence claims often result from a doctor's inability to identify or treat a condition. A doctor might not perform an ultrasound or make a mistake during surgery, resulting in birth defects such as spina bifida. Birth defects can be caused by a wrong medication that is taken by the mother or exposure to chemicals and other environmental dangers during the development of the baby during the womb.

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

Contact an attorney for birth defects today if you believe that your child's birth defect or birth injury was the result of medical negligence or mistakes during labor or pregnancy. A lawyer can provide you with your options and assist you to file a claim prior to the statute of limitations expiring. A lawyer might also be competent to negotiate the settlement on your behalf with the parties responsible for the injuries your infant sustained.