How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have drastically reduced the risk of childbirth. However, birth defects or injury can still happen frequently.

A birth defect lawsuit seeks to pay your child's medical expenses, educational costs, and other losses. To pursue claims, you must establish that a medical professional breached the standard of care prior to pregnancy or Birth defect lawyers during the delivery.

Damages

Pregnancy can be one of the most exciting but nerve-wracking moments in a parent's lifetime. Parents want their babies perfect, and doctors do everything possible to avoid birth defect law firms defects. Medical negligence and carelessness could 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 could result in damages for a multitude of different things. This includes the victim's suffering and suffering and loss of consortium medical expenses, and loss of earning capacity. The amount of damages that a victim will receive depends on the severity of the child's condition and how much it has affected their quality of life.

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

If you think your child's birth defect or Birth defect lawyers birth injury was the result of medical negligence, you must consult a reputable birth defect lawyer as quickly as you can. In certain states, you have only one year to file a medical malpractice suit, and waiting any longer than that may mean losing your chance to obtain the justice you are due for the injury your child sustained.

Statute of limitations

A statute of limitations is a law that sets the time limit for someone to file an action in civil court. If a claimant fails to file by the deadline, they lose their right to recover damages from the defendant. Birth injury claims can be more complex in terms of the statute of limitations than other medical malpractice claims.

A lawsuit is typically filed against the doctor or the hospital who caused the patient's injuries during labor and delivery. These cases can be referred to as birthing injury lawsuits or wrongful birth lawsuits, however Florida's laws permit parents to file a malpractice suit in the event of the death of a child.

In order to prove medical malpractice, the victim will need to show that the doctor who was at fault did not follow the level of care and consideration required by a different health medical professional in similar circumstances. This includes failing to diagnose an illness that is serious, for example, low oxygen levels during childbirth which can result in cerebral palsy and brain damage.

A qualified attorney should be the first step towards filing a lawsuit against birth defects. A majority of attorneys offer free consultations and case reviews for prospective clients. If the attorney believes a client has a valid claim they will review medical records and engage expert witnesses to assess their credibility. They will also help prepare documents and file the medical malpractice lawsuit within the timeframe.

Expert Witnesses

In a case with birth injuries, it is crucial to have medical experts that can explain to jurors the medical procedures and practices. However, expert witnesses aren't easy to work with since they must scrutinize huge amounts of information and be able to make decisions based upon facts rather than opinions. Furthermore, they should be able to testify regarding things that may contradict their positions.

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

The Daubert ruling was a setback for the plaintiffs, who had suing pharmaceutical companies to try and obtain justice. There are a variety of avenues an injured person can bring a lawsuit based on a birth defect.

A Philadelphia birth defect lawyer can assist victims about whether they have a claim. A lawyer can help clients determine if they're eligible to file an individual lawsuit or a class action. In some cases lawyers may be able to start a lawsuit for birth injuries as part of multidistrict lawsuit (MDL). Please fill out the form below for a confidential and free consultation with an attorney.

Representation

Modern technology and recent advances in medicine may have reduced the chance of complications arising during pregnancy and childbirth, but they're not entirely eliminated. If a birth defect, or injury occurs and the cause is preventable, parents may pursue legal action to pay for the costs associated with treatment.

Medical negligence claims usually result from a doctor's inability to identify or treat a condition. Physicians may fail to perform an ultrasound or make a mistake during 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 other environmental dangers during the development of the baby during the womb.

A birth defect could affect any part of the body of a newborn, affecting their appearance, health, and performance. In some cases birth defects can shorten the life span of a child or trigger substantial medical expenses.

If you suspect that the birth defect or injury was caused by medical malpractice or negligent care during pregnancy or labor seek out a qualified birth defect lawyer today. A lawyer can provide you with your options and help submit a claim prior to the statute of limitation expiring. A lawyer might also be capable of negotiating settlements on behalf of you with the responsible parties for the injuries your infant sustained.