How to File a Birth Defect Lawsuit

Modern technology and advancements in medicine have dramatically reduced the risk of childbirth. However, birth defects or injury is still a common occurrence.

A birth defect lawsuit seeks to pay your child's medical expenses, education costs and other losses. To be able to pursue claims, you must establish that medical professionals did not meet the standard of care before or during pregnancy or the birth of your child.

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 everything to avoid birth defects. Unfortunately, negligence and carelessness on the part of medical professionals can increase the risk of birth injuries and defects. When this happens the family of the victim ought to consider pursuing justice through a birth defect lawsuit.

A successful birth defect lawsuit can result in damages for a number of different things. This includes the victim's pain and suffering and loss of consortium, medical expenses, and loss of earning capacity. The amount of damages the victim will be awarded is contingent on the severity of the child's medical condition and how much it has affected their standard of living.

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

If you suspect that medical negligence caused your child's birth injury or birth defect, you must consult a lawyer for birth defects immediately. In certain states, there is only one year to file a medical negligence suit, and waiting longer than that may mean losing your chance to get the justice you need for your child's injuries.

Statute of limitations

A statute of limitations is a law which defines the deadline for when a person is allowed to file a civil suit. If a person fails to meet the deadline, they will lose the right to claim damages from the defendant. Birth injury cases have more complicated statutes of limitations than other types of medical malpractice claims.

A lawsuit is typically filed against the doctor or hospital that caused a patient's injuries during labor and delivery. These cases are often referred to as birthing injury lawsuits or wrongful birth lawsuits although Florida's laws permit parents to file a malpractice suit for the death of an infant.

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

The first step to file a birth defect lawsuit is to speak with an experienced attorney. The majority of lawyers offer free consultations and reviews of cases to prospective clients. If an attorney believes the client's claim is legitimate they will examine the medical documents of the client and employ experts to review the records. They will also assist with the preparation of documents and file the medical malpractice lawsuit within the timeframe.

Expert Witnesses

In a case which involves birth injuries, it is essential to be able to have medical experts explain to jurors the medical procedures and practices. Expert witnesses can be difficult as they must scrutinize a vast amount of data in order to make a decision based on facts, not opinions. Furthermore, they should be able to testify regarding facts that could contradict their beliefs.

In the Daubert case, the plaintiffs' experts claimed that Bendectin contributed to birth defects for their child. The judge ruled that the evidence was "at the cutting-edge of scientific research, where science meets theories, and certainty dissolves into probabilities." However the judge was not convinced there was enough evidence to conclude that Bendectin caused birth defects.

The Daubert ruling was a setback for plaintiffs, who had filed a lawsuit against pharmaceutical companies in order to win justice. There are many ways an injured person can pursue a lawsuit over the birth defect.

A Philadelphia birth defect lawyer can provide victims with advice on whether they're eligible for a claim. Lawyers can determine if the plaintiff is eligible to file a lawsuit on their own or as part of a class action. In certain instances lawyers can start a lawsuit for birth injuries as part of a multidistrict litigation (MDL). Fill out the form below for a confidential and free consultation with an attorney.

Representation

Although the advancements in technology and advances in medicine have greatly reduced the risk of complications during childbirth and pregnancy, they are not entirely eliminated. Parents can seek legal action if a birth injury or [empty] defect occurs, and the cause could have been prevented.

Medical negligence cases typically result from a doctor's inability to recognize or treat a condition. A doctor may fail to diagnose an ultrasound or make a mistake in surgery, resulting in birth defects, such as spina bifida. Birth defects can be caused by the wrong medication taken by the mother, or exposure to chemicals or birth defect lawsuit other environmental hazards during the baby's development during the womb.

A birth defect could affect any part of the newborn's body and affect their appearance, health and functionality. In certain instances, a birth defect can drastically reduce a baby's life expectancy or lead to significant medical costs.

If you suspect your child's birth defect or injury was caused by medical malpractice or negligent care during labor or pregnancy get in touch with a reputable birth defect attorney today. A lawyer can explain your options and assist you submit a claim prior to the deadline for filing. A lawyer can also negotiate a settlement with the parties accountable for the injury of your child.