How to File a Birth Defect Lawsuit

Modern medicine and technology have greatly decreased the risks of childbirth. Birth defects or injuries occur often.

A birth defect lawsuit seeks to pay your child's medical expenses, educational costs as well as other losses. To pursue claims, you must establish that medical professionals violated the standard of care before or during pregnancy or the birth of your child.

Damages

Pregnancy can be one of the most exciting yet nerve-wracking experiences in the life of a parent. Parents want their babies to be perfect, and doctors work to do everything possible to prevent birth defects from occurring. However, carelessness and negligence on the part of medical professionals can increase the risk of birth injuries and birth defects. When this occurs, a stunned family should consider seeking justice through a birth defect lawsuit.

A successful birth defect lawsuit could result in damages for a variety of different things. These include the victim's suffering and suffering as well as loss of consortium, medical expenses, and loss of earning capacity. The amount of damages that a victim will receive depends on the severity of the child's condition and how much it has affected their quality of life.

Birth injuries and birth defects can be caused by a variety of factors, including environmental exposures. Studies have shown that certain chemicals such as pesticides, fungicides and lead, as well as paints, and heavy metals can increase the chances of birth defects. Birth defect lawyers have filed lawsuits against companies that have exposed workers to these toxic chemicals, as well against pharmaceutical companies that have produced medications that can cause birth defects in fetuses like DES.

If you think your child's birth defect or birth injury is the result of medical malpractice, you should consult a reputable birth defect lawyer as quickly as possible. In some states, you are given one year to file a lawsuit for medical malpractice. If you delay, it could mean that your child will never get the justice they deserve.

Statute of limitations

A statute of limitations is a law which defines the deadline for when a person is allowed to file a civil lawsuit. If a person misses the deadline, they will lose their right to recover damages from the defendant. Birth injury claims can be more complex in terms of the time limit than other medical malpractice claims.

A lawsuit is usually brought against the hospital or doctor who caused injury to the patient during labor and birth. These types of cases are typically called birthing injuries lawsuits or wrongful birth suits, though Florida's laws allow parents to make a claim for medical malpractice for an infant's death.

In order to prove medical malpractice, the injured party must prove that the doctor responsible was not able to meet the level of care and consideration required by a different health healthcare provider in similar circumstances. This includes failing to recognize a serious illness, such as low levels of oxygen during childbirth which could lead to cerebral palsy and brain damage.

The first step in filing a birth defect lawsuit is to speak with a skilled attorney. Most attorneys offer free consultations to potential clients. If the attorney believes that a client has a valid claim, they will look over medical records and birth defect lawyers hire experts to review the case. They can also assist in the preparation of documents and file the medical malpractice suit on time.

Expert Witnesses

In cases that involves birth injuries, it's essential to have medical experts who are able to explain to jurors the medical procedures and practices. Expert witnesses can be difficult as they have to carefully review a large amount of information to make decisions that are based on evidence rather than opinion. They should also be prepared to testify on facts that may conflict with their opinion.

In the Daubert Case the plaintiffs' expert argued that Bendectin was responsible for the birth defect of their child. The judge concluded that the evidence was "at the cutting edge of research in science where fact meets theories and certainty dissolves into probabilities." However, he did not believe there was enough proof that Bendectin caused birth defects.

The Daubert decision was a blow to plaintiffs that had filed suit against pharmaceutical companies in the hope of obtaining justice. There are many avenues for a victim to pursue a lawsuit over the birth defect.

A Philadelphia birth defect lawyer can help victims determine whether they are a victim. A lawyer can decide if the plaintiff is eligible to file a lawsuit on their own or as part of a class action. In certain cases lawyers can bring a lawsuit on behalf of a birth injuries as part an interdistrict litigation. To start you must fill out the form on this page for an initial consultation for free and confidential with a qualified attorney.

Representation

While modern technology and recent developments in the field of medicine have greatly reduced the risk of complications during pregnancy and childbirth but they aren't completely eliminated. If a birth defect, or injury occurs, and the cause is preventable, parents can seek legal action to cover the costs related to treatment.

Medical negligence claims are usually due to a doctor's failure to diagnose or treat an illness. For instance, a physician may not perform an ultrasound exam or make a mistake during surgery, resulting in a birth defect like spina bifida. Other common causes of a birth defect lawsuit are improper medication for the mother or exposure to chemicals or other environmental hazards as the baby is developing in the womb.

A birth defect law firms defect can affect any part of the body of a baby and affect their health, function and appearance. In some instances, birth defects can reduce the life span of a child or trigger major medical expenses.

If you believe your child's birth defect or injury was due to medical malpractice or negligent care during labor or pregnancy consult a certified birth defect lawyer today. A lawyer can explain your options and assist you to file a claim prior to the statute of limitation expiring. A lawyer may also be able to negotiate a settlement on behalf of you with the parties accountable for the injury to your child.