How to File a Birth Defect Lawsuit

Modern medicine and technology have greatly reduced the risks of childbirth. However, birth defects or injury can still happen frequently.

A birth defect lawsuit seeks reimbursement for medical expenses of your child as well as educational costs and other losses. To pursue such a claim, Birth Defect Lawsuit you must demonstrate that a medical professional did not meet the standard of care before or during pregnancy or the birth of your child.

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 defects. Medical negligence and carelessness can increase the risk of birth defects and injuries. When this occurs 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 suffering and pain for the victim as well as loss of consortium and medical costs, as well as lost earning capacity. The amount of damages that an individual victim will be awarded 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 shown that pesticides such as fungicides and lead, as well paints, heavy metals and heavy metals, may increase the risk of birth defects. Birth defect lawyers have filed lawsuits against companies who exposed workers to harmful chemicals as well as pharmaceutical companies that manufacture drugs such as DES that could cause birth defects in fetuses.

If you think your child's birth defect or birth injury was the result of medical malpractice, it is important to consult a skilled birth defect lawyer as quickly as you can. In certain states, you are given one year to file a suit for medical malpractice. If you wait it could mean that your child will not receive the justice they deserve.

Statute of limitations

A statute of limitations is a law that defines the time limit for filing a civil lawsuit. A person who misses an expiration date will lose the right to pursue a defendant for damages. Birth injury cases have more complex statutes of limitations than other types of medical malpractice claims.

A lawsuit is typically filed against the doctor or hospital that caused an injury to patients during labor or delivery. These cases are sometimes referred to 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 an infant.

In a medical malpractice case the injured party must prove the at-fault doctor failed to adhere to the expected level of care and consideration any other medical professional would have utilized in similar circumstances. This includes failing to diagnose an illness that is serious, for example, low levels of oxygen in the childbirth process which can result in cerebral palsy and brain damage.

The first step to file a birth defect lawsuit is to get in touch with a skilled attorney. The majority of lawyers offer free consultations to potential clients. If the attorney believes a client has a valid case, they will examine medical records and appoint expert witnesses to assess the case. They can also assist in the preparation of documents and file the medical malpractice suit on time.

Expert Witnesses

In a case that involves birth injuries, it is essential to be able to have medical experts explain to a jury the medical procedures and practices. Expert witnesses aren't easy to work with because they have to carefully review huge quantities of information and make decisions based on evidence rather than opinions. Additionally, they must be prepared to testify about facts that might conflict with their beliefs.

In the Daubert Case the plaintiffs' expert suggested that Bendectin caused the birth defect in their child. The judge ruled that the evidence was on the "cutting edge of scientific research, where evidence meets theory and certainty dissolves into probabilities." However the judge did believe there was enough evidence that Bendectin doubled the chances of developing birth defects.

The Daubert ruling was a setback for plaintiffs, who had suing pharmaceutical companies in order to get justice. Nonetheless, there are still many avenues for an injured person could pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer can help victims on whether they're eligible for an opportunity to file a claim. A lawyer can determine whether the plaintiff is able to pursue a lawsuit by themselves or as part of an action class. In some cases lawyers can start a lawsuit for birth injuries as part of multidistrict litigation (MDL). Fill out the form to receive a private and free consultation with an attorney.

Representation

Modern technology and recent advances in medical technology may have reduced the risk of complications occurring during pregnancy and childbirth, but they're still not completely eliminated. If a birth defect or injury occurs and the cause is preventable, parents may seek 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 problem. For instance, a physician may fail to conduct an ultrasound exam or make a mistake during surgery, resulting in a birth defect such as spina bifida. Other common causes of a birth defect lawsuit include inadequate medication for the mother or exposure to chemicals or other environmental dangers while the baby is growing in the womb.

A birth defect can affect any part of a newborn's body and affect their health, function and appearance. In some cases birth defects may reduce a baby's lifespan or cause substantial medical expenses.

Contact an attorney for birth defects today if you suspect that your child's birth injury or defect was caused by medical negligence or mistakes during labor or pregnancy. A lawyer can assist you in understanding your options and assist you submit a claim prior to the deadline for filing. A lawyer might also be able to negotiate settlements on your behalf with the responsible parties for the injury to your child.