How to File a Birth Defect Lawsuit

Modern technology and advancements in medicine have dramatically reduced the risk of childbirth. But, a birth defect or injury can still happen frequently.

A birth defect lawsuit seeks reimbursement for your child's medical expenses, educational costs, and other losses. You must prove that the medical professional involved has violated the standard medical care during or before the birth or during pregnancy.

Damages

Pregnancy is one of the most exciting and stressful times in a parent's life. Parents want their babies perfect, and doctors do everything they can to avoid birth defects. However, carelessness and negligence on the part of medical practitioners can increase the risk of birth defects and injuries. If this happens the family of the victim should consider seeking justice through a birth defect lawsuit.

A successful birth defect lawsuit may result in damages for a variety of different things. These include a victim's pain and suffering, loss of consortium, medical expenses and lost earning capacity. The amount of damages a victim receives will depend on the severity of their child's illness and the extent to which it has affected with their life quality.

Environmental exposures can cause birth defects and birth defect attorney injuries. Studies have proven that certain chemicals like pesticides, fungicides and lead, as well as paints and heavy metals may increase the chances of birth defects. Birth defect lawyers have filed lawsuits against companies that exposed workers to harmful chemicals and pharmaceutical companies that make drugs such as DES that may cause birth defects in fetuses.

If you suspect medical malpractice caused the birth injury of your child or birth defect, seek out a birth defect lawyer immediately. In some states, there is only one year to file a medical malpractice suit, and if you wait longer than that may mean losing your chance of getting the justice you have earned for your child's injury.

Statute of limitations

A statute of limitation is a law that establishes the deadline for a person to file an action in civil court. A person who misses a deadline will lose the right to sue a defendant for damages. Birth injury claims have a more complicated statute of limitations than other medical malpractice claims.

A lawsuit is typically brought against the doctor or hospital that caused an injury to a patient during labor and delivery. These types of cases are typically called birthing injuries lawsuits or wrongful birth suits although Florida's laws allow parents to file a medical malpractice suit for an infant's death.

To prove medical malpractice, the party who suffered will need to show that the doctor who was at fault did not adhere to the standard of care and consideration expected by another health care provider in similar circumstances. This includes failing to diagnose a serious condition such as low oxygen levels in childbirth that can cause 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 to potential clients. If an attorney believes the claim of a client is valid they will examine the medical documents of the client, and they will hire experts to assess the records. They will also assist in preparing documents and filing the medical malpractice suit within time.

Expert Witnesses

In a case which involves birth injuries, it's essential to have medical experts who can explain to jurors the medical practices and procedures. Expert witnesses aren't easy to work with because they have to carefully review huge amounts of information and be able to make decisions based on facts rather than opinions. They also have to be willing to testify about facts that might contradict their opinion.

In the Daubert case the plaintiffs' experts argued that Bendectin was the cause of birth defects for their child. The judge concluded that the evidence was on the "cutting edge of scientific research, where evidence meets theory and the certainty transforms into probability." However the judge did believe that there was sufficient evidence that Bendectin increased the chance of developing birth defects.

The Daubert decision was a blow to plaintiffs who had sued pharmaceutical companies in an effort to obtain justice. But there are many avenues for the injured party could pursue a birth defect lawsuit.

A Philadelphia birth defect law firms defect lawyer can help victims determine whether they have a case. A lawyer can help plaintiffs determine whether they are eligible to file a personal lawsuit or a class action. In some cases attorneys can file a lawsuit for birth injuries as part of a multidistrict lawsuit. Complete the form below to receive a confidential and free consultation with an attorney.

Representation

Although the advancements in technology and advancements in the medical field have greatly reduced the risk of complications during pregnancy and childbirth but they aren't completely eliminated. Parents can pursue legal action if a birth injury or defect occurs, and the cause could have been avoided.

Medical negligence claims often stem from a doctor's failure to recognize or treat a condition. Physicians may fail to conduct an ultrasound or make a mistake in surgery, resulting in birth defects, such as spina bifida. Other causes that can lead to a birth defect lawsuit include insufficient medication for the mother or exposure to chemicals or other environmental hazards when the baby is developing in the womb.

A birth defect can affect any part of a newborn's body, and impact their health, function and appearance. In some cases birth defects can shorten the life span of a child or trigger significant medical expenses.

Contact an attorney for birth defects now if you believe the birth defect or injury was caused by medical negligence or negligence during labor or birth Defect lawsuit pregnancy. A lawyer can explain your options and help file a claim prior to the time limit expiring. A lawyer can also negotiate an agreement with the parties accountable for the harm to your child.