How to File a Birth Defect Lawsuit

Modern technology and birth defects medicine have dramatically reduced the risks of childbirth. However, birth defects or injury still occurs frequently.

A birth defect lawsuit seeks to compensate your child for medical expenses, education costs and other losses. To be able to file claims, you must demonstrate that a medical professional did not meet the standard of care before or during pregnancy or during the delivery.

Damages

Pregnancy is among the most exciting and nerve-wracking moments in the life of a mother. Parents want their children to be perfect, and doctors strive to do everything they can to prevent birth defects from happening. Unfortunately, negligence and carelessness on the part of medical practitioners can increase the chance of birth injuries and birth defects. Families who are shocked by this incident should think about suing for a birth defect.

A successful birth defect lawsuit may result in damages for a number of different things. This can include pain and suffering for the victim as well as loss of consortium, medical expenses, not to mention loss of earning capacity. The amount of damages the victim will receive is contingent on the severity of the child's condition and how it has affected their standard of life.

Birth injuries and birth defects can be caused by a variety of factors such as exposure to environmental factors. Studies have shown that certain chemicals like pesticides, fungicides and lead, as well heavy metals and paints can increase the chance of birth defects. Birth defect lawyers have brought suits against companies that exposed workers to these harmful chemicals, and also against pharmaceutical companies who have manufactured products that cause birth defects in fetuses like DES.

If you suspect that medical error caused your child's birth injury or birth defect, you must consult a lawyer for birth defects immediately. 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 limitation is a law which establishes the deadline for a person to file a civil lawsuit. Anyone who fails to meet a deadline loses the right to claim damages against a defendant. Birth injury cases can be more complex in terms of the statute of limitations than other medical malpractice claims.

A lawsuit is usually brought against the doctor or hospital that caused an injury to patients during labor or birth. These cases can be referred to as birthing injury lawsuits or wrongful birth lawsuits however Florida's laws permit parents to file a malpractice lawsuit in the event of the death of a child.

In order to prove medical malpractice, the victim will need to show that the doctor responsible did not adhere to the level of care and consideration expected by another health care provider in similar circumstances. This includes failing in diagnosing an illness of serious severity, such as low oxygen levels during childbirth that can cause cerebral palsy and brain damage.

Contacting a qualified attorney is the first step in filing a lawsuit against birth defects. A majority of attorneys offer free consultations and case reviews to potential clients. If the attorney is convinced that a client has a valid claim, they will look over medical records and hire experts to examine the case. They can also assist in the preparation of documents and filing the medical malpractice lawsuit within time.

Expert Witnesses

In cases involving birth injuries, it is vital to have medical experts who can provide a jury with the medical practices and procedures. However, expert witnesses aren't easy to work with as they have to carefully review huge quantities of information and be able to make decisions based on facts rather than opinions. They should also be prepared to provide evidence on matters that could contradict their opinions.

In the Daubert case, the plaintiffs' experts argued that Bendectin was the cause of their child's birth defects. The judge found that the evidence was at the "cutting edge of scientific research, where evidence meets theory and certainty dissolves into probability." However the judge did not believe there was enough evidence 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 obtain justice. However, there are many ways that an injured person can pursue a lawsuit for birth defects.

A Philadelphia birth defect lawyer can assist those suffering from birth defect attorney defects to determine whether they're eligible for a claim. Lawyers can assist victims determine if they're qualified to file a personal lawsuit or a class action. In certain cases an attorney may be able to start a lawsuit for birth injury as part of an interdistrict litigation. To begin by filling out the form here for an unreserved and confidential consultation with a reputable attorney.

Representation

Modern technology and recent advancements in medical technology may have reduced the chance of complications arising during pregnancy and childbirth, but they're not completely eliminated. If a birth defect injury occurs, and the cause could have been avoided, parents may pursue legal action to pay for the costs related to treatment.

Medical negligence claims typically result from a doctor's inability to identify or treat a problem. A physician may fail to perform an ultrasound or make a mistake in surgery, resulting in birth defects such as spina bifida. Birth defects can also be caused by improper medication that is 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 the body of a newborn which can affect their appearance, health, and functionality. In some cases birth defects can dramatically reduce a child's life expectancy or lead to a significant amount of medical costs.

Contact an attorney for birth defects now if you believe your child's birth defect or birth injury was the result of medical negligence or negligence during labor or pregnancy. A lawyer can help you determine your options and make a claim prior to the statute of limitations runs out. A lawyer can also negotiate a settlement with the parties responsible for the injuries suffered by your infant.