How to File a Birth Defect Lawsuit

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

A birth defect lawsuit seeks reimbursement for medical expenses of your child, educational costs, and other expenses. You must prove that the medical professional you are suing has violated the standard medical treatment during or prior to the birth or delivery.

Damages

Pregnancy can be one of the most exciting, but nerve-wracking moments during the lifetime of a parent. Parents want their babies to be perfect, and doctors attempt to do all they can to stop birth defects from occurring. Unfortunately, carelessness and negligence on the part of medical practitioners can increase the risk of birth injuries and birth defects. In the event of this happening families that are shocked may want to seek justice through a birth defect lawsuit.

A successful birth defect lawsuit may result in damages for a variety of different things. This includes pain and suffering for the victim as well as loss of consortium and medical expenses, not to mention lost earning capacity. The amount of damages a victim will receive will depend on the severity of their child's condition and the extent that it has affected with their life quality.

Birth injuries and birth defects can be caused by a number of factors which include exposure to environmental factors. Studies have revealed that certain chemicals, such as pesticides, fungicides and lead, as well paints and heavy metals may increase the likelihood of birth defects. Birth defect lawyers have brought lawsuits against companies that exposed workers to these hazardous chemicals, as well as against pharmaceutical companies who have manufactured medications that can cause birth defects in fetuses like DES.

If you suspect that your child's birth defect or birth injury was caused by medical negligence, you must consult a skilled birth defect lawyer as soon as possible. In some states, there's only one year to file a medical negligence lawsuit, and waiting more than that could result in losing your chance to get the justice you are due for the injury your child sustained.

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 fails to meet an expiration date will lose the right to pursue a defendant for damages. Birth injury claims be more complex in terms of the time limit than other medical malpractice claims.

A lawsuit is typically filed against the doctor or hospital that caused an injury to an individual during labor and delivery. These cases are sometimes referred to birthing injury lawsuits or wrongful birth defect attorney lawsuits, although Florida's laws permit parents to file a malpractice lawsuit for the death of a baby.

In a medical malpractice case, the injured party must prove that the doctor at fault did not follow the standard of care and consideration that another medical professional would have used in similar circumstances. This includes failing in diagnosing an illness of serious severity such as low levels of oxygen in the childbirth process that cause cerebral palsy and brain damage.

The first step in filing a birth defect lawsuit is to reach a skilled attorney. Most attorneys offer free consultations and case reviews to prospective clients. If the attorney is convinced that a client has a valid claim they will examine medical records and employ experts to review their credibility. They can also assist in the preparation of documents and birth Defect file the medical malpractice lawsuit in time.

Expert Witnesses

In the case of a birth injury it is essential to have experts who can explain medical practices and procedures before a jury. Expert witnesses can be difficult to work with as they have to carefully review huge amounts of evidence and be able to make decisions based upon facts rather than their opinions. In addition, they must be prepared to testify about information that might contradict their views.

In the Daubert case, the plaintiffs' experts suggested that Bendectin contributed to their child's birth defects. The judge found 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 there was enough evidence to prove that Bendectin increased the chance of developing birth defects.

The Daubert decision was a blow to plaintiffs that had filed a lawsuit against pharmaceutical companies seeking justice. However, there are numerous avenues that an injured person can pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer can help victims about whether they have claims. A lawyer can decide if a plaintiff is eligible to file a lawsuit individually or as part of an action class. In certain cases, a lawyer can bring a birth injury lawsuit as part of multidistrict lawsuit (MDL). Complete the form below for a confidential and free consultation with an attorney.

Representation

Although modern technology and recent advances in medicine have significantly reduced the risk of complications during pregnancy and childbirth but they aren't completely eliminated. When a birth defect or injury occurs, and the cause is preventable, parents can pursue legal action to cover costs associated with treatment.

Medical negligence claims are usually caused by a doctor's inability to diagnose or treat a condition. For instance, a doctor might fail to conduct 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 include improper medication for the mother or exposure to chemicals or other environmental hazards when the baby develops in the womb.

A birth defect can affect any part of a newborn's body, and affect their health, functioning and appearance. In some cases, a birth defect can significantly diminish a baby's life expectancy, or cause a significant amount of medical costs.

If you suspect that the 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 identify your options and make a claim before the statute of limitations expires. A lawyer may also be competent to negotiate a settlement on your behalf with the parties responsible for your infant's injury.