How to File a Birth Defect Lawsuit

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

A birth defect lawsuit seeks compensation for your child's medical expenses as well as educational costs and other losses. You must prove that the medical professional you are suing violated the standard treatment prior to or during the birth or Birth Defect delivery.

Damages

Pregnancy is among the most exciting and nerve-wracking moments in the life of a parent. Parents want their children to be perfect, and doctors attempt to do everything they can to prevent birth defects from occurring. However, carelessness and negligence on the part of medical professionals can increase the risk of birth injuries and birth defects. If this happens, a stunned family might want to pursue justice via a birth defect lawsuit.

A successful birth defect lawsuit can result in damages for a number of different things. This can include the pain and suffering and loss of consortium medical expenses, and loss of earning capacity. The amount of damages a person suffers will depend on the severity of their child's medical condition and the extent that it has affected with their quality of life.

Birth injuries and birth defects can be caused by a variety of causes such as environmental exposures. Studies have proven that certain chemicals, like fungicides, pesticides, lead, paints, and heavy metals can increase the chance of birth defects. Birth defect lawyers have filed suits against companies that exposed workers to these hazardous chemicals, as well as against pharmaceutical companies that have developed drugs that can cause birth defects in fetuses such as DES.

If you suspect that your child's birth defect, or birth injury was caused by medical malpractice, it is important to consult a skilled birth defect lawyer as soon as you can. In certain states, you only have one year to file a medical malpractice lawsuit, and waiting more than that may mean losing your chance of getting the justice you deserve for your child's injury.

Statute of limitations

A statute of limitations is a law which establishes the deadline for an individual to file an action in civil court. Anyone who fails to meet a deadline loses the right to seek damages from a defendant. Birth injury claims can be more complex in terms of the time limit than other medical malpractice claims.

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

In a case of medical malpractice the injured party must prove that the doctor at fault did not adhere to the standards of care and consideration other health care providers would have used in similar circumstances. This includes failing to recognize an illness of serious severity like low levels of oxygen in the childbirth process that can cause cerebral palsy and brain damage.

The first step in filing a birth defect lawsuit is to speak with a skilled attorney. A majority of attorneys offer free consultations for potential clients. If the lawyer believes that a client has a valid case, they will look into medical records and hire experts to evaluate their credibility. They will also help prepare documents and file the medical malpractice lawsuit on time.

Expert Witnesses

In a birth injury case it is crucial to have experts who can explain medical practices and procedures to jurors. Expert witnesses can be difficult to work with because they must carefully examine massive amounts of evidence and be able to make decisions based on facts rather than their opinions. In addition, they must be willing to testify on facts that could contradict their positions.

In the Daubert case the plaintiffs' experts claimed that Bendectin caused their child's birth defects. The judge concluded that the evidence was on the "cutting edge of scientific research, where fact meets theory and certainty dissolves into probability." However the judge did not believe that there was sufficient evidence to support the claim that Bendectin doubled a baby's chance of developing birth defects.

The Daubert ruling was a setback for the plaintiffs who had sued pharmaceutical companies in order to obtain justice. There are numerous avenues that an injured person could pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer can help victims about whether they have an opportunity to file a claim. A lawyer can help clients determine if they're eligible to file an individual lawsuit or a class action. In certain cases an attorney may be able to make a claim for birth injuries as part a multidistrict lawsuit. Fill out the form for a confidential and free consultation with an attorney.

Representation

Modern technology and recent advancements in the field of medicine could have reduced the chance of complications occurring during pregnancy and childbirth, however they're not entirely eliminated. When a birth defect or injury occurs and the cause was preventable parents may seek legal action to pay for the costs associated with treatment.

Medical negligence cases typically result from a doctor's inability to recognize or treat a condition. For example, a physician may not perform an ultrasound examination or make mistakes during surgery, which could result in a birth defect, such as spina bifida. Other causes that can lead to a birth defect lawsuit include an ineffective medication for the mother or exposure to chemicals or other environmental hazards while the baby develops in the womb.

A birth defect can affect any part of a newborn's body. It can impact their health, function and appearance. In some cases, a birth defect can drastically reduce a baby's life expectancy or lead to an enormous amount of medical expenses.

If you suspect that your child's birth defect or injury was the result of medical malpractice or negligent care during labor or pregnancy get in touch with a reputable birth defect lawyer today. A lawyer can help discover your options and submit a claim before the statute of limitations expires. A lawyer may also be in a position to negotiate a settlement on your behalf with the parties responsible for your child's injuries.