How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have greatly reduced the risks associated with childbirth. Birth defects or injuries still occur often.

A birth defect lawsuit seeks to recover for your child's medical expenses, educational costs, and other losses. You must prove that the medical professional who was involved did not follow the standard of treatment during or prior to the pregnancy or birth.

Damages

Pregnancy can be one of the most exciting, but nerve-wracking moments in the life of a parent. Parents want their children to be perfect, and doctors try to do everything they can to stop birth defects from happening. Unfortunately, negligence and carelessness on the part of medical practitioners can increase the chance of birth injuries and birth defects. A family that is shocked by this incident should think about suing for a birth defect.

A successful birth defect lawsuit could result in damages for a variety 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 a victim receives will depend on the severity of their child's illness and the extent that it has affected in their quality of life.

Environmental exposures can cause birth defects and birth injuries. Studies have revealed that pesticides like 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 who exposed workers to harmful chemicals and pharmaceutical companies that make drugs such as DES that may cause birth defects in fetuses.

If you suspect that medical negligence caused the birth injury of your child or birth defect, consult a birth defect lawyer immediately. In certain states, you only have one year to file a medical negligence suit, and waiting any longer than that could mean losing the chance to receive the justice you have earned for your child's injury.

Statute of Limitations

A statute of limitations is a law that determines the time limit for a person to file a civil lawsuit. Anyone who fails to meet an expiration date will lose the right to seek damages from a defendant. Birth injury cases may have more complex statutes of limitations than other types of medical malpractice cases.

A lawsuit is usually brought against the doctor or hospital who caused injury to the patient during labor and birth. These cases are often known as birthing injuries suits or wrongful birth lawsuits, however, Florida's laws allow parents to file a malpractice lawsuit in the event of the death of a child.

In a case of medical malpractice the victim must prove the at-fault doctor failed to adhere to the standard of care and consideration that another health care provider would have applied in similar circumstances. This includes failing in diagnosing a serious illness like low oxygen levels during childbirth that can cause brain damage and cerebral palsy.

Finding a reputable attorney is the first step to filing a lawsuit for birth defects. The majority of lawyers offer free consultations to prospective clients. If the lawyer believes that a client has a valid case, they will look into medical records and hire experts to examine their credibility. They will also help prepare documents and file the medical malpractice suit on time.

Expert Witnesses

In the case of a birth defect Law firms injury it is essential to have experts who can explain medical procedures and practices before a jury. However, expert witnesses aren't easy to work with because they must scrutinize huge amounts of data and make decisions based upon facts rather than their opinions. In addition, they must be able to testify regarding things that may contradict their positions.

In the Daubert case, the plaintiffs' experts claimed that Bendectin contributed to the birth defect law firm defects of their child. The judge ruled that the evidence was "at the forefront of research in science where fact meets theories and certainty transforms into probabilities." However, he did not believe there was enough proof that Bendectin caused birth defects.

The Daubert decision was a blow to plaintiffs that had sued pharmaceutical companies in an attempt to get justice. There are many ways for a victim to bring a lawsuit based on a birth defect.

A Philadelphia birth defect lawyer can provide victims with advice about whether they have a claim. Lawyers can assist plaintiffs determine if they are eligible to file a lawsuit on their own or a class action. In some instances lawyers can start a lawsuit for birth injuries as part a multidistrict lawsuit. To start by filling out the form here for an unreserved and confidential consultation with a professional attorney.

Representation

Modern technology and recent advances in medicine may have reduced the chance of complications occurring during pregnancy and childbirth, but they are not completely eliminated. If a birth defect injury occurs, and the cause was preventable parents may pursue legal action to cover the costs related to treatment.

Medical negligence claims often stem from a doctor's failure to properly diagnose or treat a condition. A physician may fail to perform an ultrasound or make a mistake during surgery, leading to birth defects, such as spina bifida. Other causes for birth defect lawsuits include inadequate medication for the mother or exposure to chemicals or other environmental hazards when the baby is growing in the womb.

A birth defect can affect any part of the newborn's body, affecting their appearance, health, and performance. In certain cases birth defects can shorten the life expectancy of a newborn or lead to substantial medical expenses.

If you think your child's birth defect or injury was due to medical malpractice or negligent care during labor or pregnancy consult a certified birth defect lawyer today. A lawyer can assist you to understand your options and file a claim before the time limit expires. A lawyer can also negotiate an agreement with the parties responsible for the injuries suffered by your child.