How to File a Birth Defect Lawsuit

Modern medical and technological advances have significantly reduced the risks of childbirth. But, a birth defect or injury still happens frequently.

A birth defect lawsuit seeks reimbursement for medical expenses of your child or educational costs, among other expenses. You must prove that the medical professional in question did not follow the standard of care during or before the birth or delivery.

Damages

Pregnancy can be one of the most exciting yet nerve-wracking events during the lifetime of a parent. Parents want their babies to be perfect, and doctors work to do their best to stop birth defects from happening. Unfortunately, carelessness and negligence on the part of medical practitioners can increase the chance of birth injuries and birth defects. If this happens families that are shocked might want to pursue justice via a birth defect lawsuit.

A successful birth defect lawsuit may result in damages for a range of different things. This can include pain and suffering for the victim as well as loss of consortium, medical costs, as well as lost earning capacity. The amount of damages an individual victim will be awarded depends on the severity of the child's illness, birth defect and how much it has affected their standard of life.

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

If you suspect that your child's birth defect or birth injury is the result of medical negligence, you must speak with a skilled birth defect lawyer as quickly as you can. In certain states, you only have one year to file a medical negligence suit, and waiting any longer than that could mean losing your chance to get the justice you have earned for your child's injury.

Statute of Limitations

A statute of limitations is a law that determines the time limit for a person to file a civil suit. If a person fails to meet an expiration date will lose the right to sue a defendant for damages. 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 birth. These cases are often known as birthing injuries suits or wrongful birth lawsuits however Florida's laws permit parents to file a malpractice suit for the death of a child.

To prove medical malpractice, the victim will need to show that the doctor at fault was not able to meet the standard of care or consideration expected by another health care provider in similar circumstances. This includes failing to diagnose a serious condition such as low levels of oxygen during childbirth that result in brain damage and cerebral palsy.

The first step to file a birth defect lawsuit is to contact an experienced attorney. Most attorneys offer free consultations to prospective clients. If an attorney believes the claim of a client is valid they will go over the medical documents of the client and hire experts to review them. They will also help prepare documents and file the medical malpractice lawsuit in time.

Expert Witnesses

In a case which involves birth injuries, it is crucial to have medical experts that can explain to a jury the medical practices and procedures. However, expert witnesses can be difficult to work with because they must carefully examine massive amounts of data and make decisions based upon facts rather than opinions. They must also be willing to testify on facts which may contradict their beliefs.

In the Daubert case, the plaintiffs' experts claimed that Bendectin caused their child's birth defects. The judge found that the evidence was at the "cutting edge of scientific research, where fact is matched by theory, and certainty turns into probabilities." However the judge did believe that there was sufficient evidence that Bendectin doubled a baby's chance of developing birth defects.

The Daubert decision was a blow to plaintiffs who had filed suit against pharmaceutical companies in the hope of obtaining justice. But there are various ways in which an injured party may pursue a birth defect attorney defect lawsuit.

A Philadelphia birth defect lawyer can advise victims on whether they're eligible for a claim. A lawyer can assist victims determine if they're qualified to file an individual lawsuit or a class action. In certain instances lawyers can make a birth injury claim in the context of multidistrict litigation (MDL). Complete the form below to receive a private and free consultation with an attorney.

Representation

Modern technology and recent advancements in medical technology may have decreased the risk of complications that can occur during pregnancy and childbirth, but they're still not completely eliminated. When a birth defect or injury occurs and the cause could have been avoided, parents may pursue legal action to pay for the costs associated with treatment.

Medical negligence claims often stem from a doctor's failure to diagnose or treat a problem. For instance, a doctor may fail to conduct an ultrasound screening or make mistakes during surgery, resulting in a birth defect similar to spina bifida. Other causes for a birth defect lawsuit include insufficient medication for the mother or exposure to chemicals or other environmental hazards while the baby develops in the womb.

A birth defect can affect any part of a newborn's body. It can affect their health, functioning and appearance. In some cases, a birth defect can drastically reduce a baby's life expectancy, or cause significant medical expenses.

If you think your child's birth defect or injury was the result of negligence or medical malpractice 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 limitations expiring. A lawyer might also be competent to negotiate settlements on your behalf with the responsible parties for your infant's injury.