How to File a Birth Defect Lawsuit

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

A birth defect lawsuit seeks reimbursement for medical expenses of your child education costs, as well as other expenses. You must prove that the medical professional involved has violated the standard medical care prior to or during the birth or delivery.

Damages

Pregnancy is one of the most exciting and nerve-wracking moments in the life of a mother. Parents want their children to be perfect, and doctors attempt to do everything possible to stop birth defects from occurring. Medical negligence and carelessness could increase the risk for birth defect law firms defects and injuries. When this occurs an astonished family ought to consider pursuing 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 as well as loss of consortium, medical expenses, and loss of earning capacity. The amount of damages a victim will receive depends on the severity of the child's medical condition and how much it has affected their quality of life.

Environmental exposures can cause birth injuries and birth defects. Studies have revealed that pesticides, such as fungicides and lead, as well 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 toxic chemicals, as well against pharmaceutical companies that have made products that cause birth defects in fetuses, like DES.

If you think your child's birth defect, or birth injury is the result of medical malpractice, you should speak with a skilled birth defect lawyer as quickly as you can. In certain states, there's only one year to file a medical malpractice suit, and waiting any longer than that could mean losing your chance of getting the justice you are due for the injury your child sustained.

Statute of limitations

A statute of limitations is a law which defines how long a person has to file a civil action. Anyone who fails to meet a deadline will lose the right to claim damages against a defendant. Birth injury cases could have more complex statutes of limitations than other types of medical malpractice cases.

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

In a case of medical malpractice the injured party must prove the at-fault doctor did not follow the standards of care and consideration any other medical professional would have used in similar circumstances. This includes failing diagnose a serious condition such as low levels of oxygen in the childbirth process which could lead to cerebral palsy and brain damage.

The first step to file a birth defect lawsuit is to speak with a skilled attorney. Most attorneys offer free consultations and reviews of cases to prospective clients. If the lawyer believes that a client has a valid claim they will examine medical records and hire experts to evaluate the evidence. They can also assist in the preparation of documents and filing the medical malpractice lawsuit within time.

Expert Witnesses

In the case of a birth injury, it is important to have experts who can explain medical practices and procedures to jurors. However, expert witnesses aren't easy to work with as they must carefully examine massive quantities of information and be able to make decisions based on the facts rather than their opinions. They also have to be willing to testify on facts that may conflict with their beliefs.

In the Daubert case the plaintiffs' experts argued that Bendectin was the cause of birth defects in their child. The judge concluded that the evidence was "at the cutting edge of research in science where fact meets theories, and certainty dissolves into probabilities." However the judge did not believe there was enough evidence to conclude that Bendectin caused birth defects.

The Daubert decision was a setback to plaintiffs who had filed suit against pharmaceutical companies in an attempt to get justice. There are many avenues for an injured person can pursue a lawsuit for birth defects.

A Philadelphia birth defect lawyer can assist victims on whether they're eligible for a claim. Lawyers can assist victims determine if they're qualified to file a lawsuit on their own or a class action. In certain instances lawyers may be able to file a birth injury lawsuit as part of a multidistrict litigation (MDL). Please fill out the form below to receive a confidential and free consultation with an attorney.

Representation

Although the latest technology and advances in the field of medicine have significantly reduced the risk of complications during childbirth and pregnancy however, they are not completely eliminated. If a birth defect injury occurs, and the cause was preventable parents can pursue legal action to recover the costs related to treatment.

Medical negligence claims are typically due to a doctor's failure to diagnose or treat a disease. For instance, a physician may not perform an ultrasound exam or make mistakes during surgery, which could result in a birth defect such as spina bifida. Other causes that can lead to birth defect lawsuits include improper medication for the mother or exposure to chemicals or other environmental hazards while the baby is developing in the womb.

A birth defect can affect any part of a newborn's body and Birth defect Lawyer affect their health, function and appearance. In some instances, birth defects can reduce the lifespan of a baby or Birth Defect Lawyer result in major medical expenses.

Contact a birth defect lawyer today if you believe that your child's birth injury or defect was the result of medical negligence or carelessness during labor or birth. A lawyer can assist you to determine your options and make a claim before the time limit expires. A lawyer might also be in a position to negotiate an agreement on your behalf with the parties responsible for your infant's injury.