How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have drastically reduced the risks associated with childbirth. Birth defects or injuries still occur often.

A birth defect lawsuit seeks compensation for medical expenses of your child education costs, as well as other losses. To be able to file a claim, you need to prove that medical professionals breached the standard of care prior to or during pregnancy or during the delivery.

Damages

Pregnancy is one of the most exciting and stressful times in a parent's life. Parents want their babies to be perfect and doctors do their best to avoid birth defects. Medical negligence and carelessness can increase the risk of birth defects and injuries. A family who is shocked by this situation should consider the possibility of suing over a birth defect.

A successful birth defect lawsuit could result in damages for many different things. This includes pain and suffering for the victim, loss of consortium and medical expenses, in addition to loss of earning capacity. The amount of the damages a victim is awarded will depend on the degree of their child's health and the extent to which it has interfered with their daily life.

Environmental exposures can result in birth injuries and birth defects. Studies have shown that pesticides, including fungicides and lead, as well paints, heavy metals and heavy metals, may increase the risk of Birth defect law firms defects. Birth defect lawyers have brought suits against companies that exposed workers to these hazardous chemicals, as well as against pharmaceutical companies that have made products that cause birth defects in fetuses, like DES.

If you suspect that medical error caused the birth injury or birth defect, you should seek out a birth defect lawyer immediately. In certain states, you are given one year to file a lawsuit for medical malpractice. If you delay it could mean that your child won't get 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 claim. If a person fails to meet the deadline, they lose the right to collect damages from the defendant. Birth injury claims may be more complex in terms of the statute of limitations than other medical malpractice claims.

A lawsuit is typically brought against the doctor or hospital that caused an injury to an individual during labor and delivery. These cases are usually called birthing injury lawsuits or wrongful birth suits, though Florida's laws allow parents to pursue a medical malpractice suit to bring a child's death.

In a medical malpractice case the plaintiff must prove that the doctor at fault was not adhering to the standards of care and consideration that any other medical professional would have applied in similar circumstances. This includes failing in diagnosing an illness of serious severity for example, low levels of oxygen during childbirth that result in cerebral palsy and birth defect law firms brain damage.

Contacting a reputable attorney is the first step to filing an action for birth defects. A majority of attorneys offer free consultations to potential clients. If an attorney is convinced that the claim of a client is valid they will go over the medical records of the client and then hire experts to assess the claims. They will also assist in preparing documents and file the medical malpractice lawsuit in time.

Expert Witnesses

In a case involving birth injuries, it's essential to have medical experts who can provide a jury with the medical practices and procedures. Expert witnesses can be difficult as they have to scrutinize a vast amount of data to make decisions in accordance with facts rather than opinion. They must also be willing to testify on facts which may contradict their opinion.

In the Daubert Case, the plaintiffs' expert suggested that Bendectin was responsible for the birth defect of their child. The judge found that the evidence was at the "cutting edge of scientific research, where evidence meets theory and the certainty transforms into probabilities." However, the judge did not believe there was enough proof that Bendectin doubled a baby's chance of developing birth defects.

The Daubert ruling was a setback to the plaintiffs who had sued pharmaceutical companies in order to win justice. There are many ways an injured person can bring a lawsuit based on the birth defect.

A Philadelphia birth defect law firms defect lawyer can assist those suffering from birth defects to determine whether they are a victim. Lawyers can determine if the plaintiff is eligible to file a suit on their own or as part of a class action. In certain cases lawyers can file a birth injury lawsuit in the context of multidistrict litigation (MDL). To get started you must fill out the form on this page for a free and confidential consultation with a licensed attorney.

Representation

Modern technology and recent advancements in the medical field may have reduced the chance of complications arising during pregnancy and childbirth but they're not completely eliminated. Parents can take legal action if a birth injury or defect occurs, and the cause could have been prevented.

Medical negligence claims are often result from a doctor's inability diagnose or treat a condition. For example, a physician may fail to conduct an ultrasound screening or make mistakes during surgery, which could result in a birth defect similar to spina bifida. Birth defects can also be caused by improper medication taken by the mother, or exposure to chemicals or other environmental hazards during the baby's development during the womb.

A birth defect can affect any part of a newborn's body. It can affect their health, functioning and appearance. In some instances, birth defects can reduce the life expectancy of a newborn or lead to major medical expenses.

Contact a birth defect lawyer now if you believe the birth defect or injury was caused by medical negligence or malpractice during pregnancy or labor. A lawyer can help explain your options and help you submit a claim prior to the time limit expiring. A lawyer can also negotiate a settlement with the parties accountable for the injury suffered by your infant.