How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have drastically reduced the risk of the birth of a child. But, a birth defect or injury can still happen frequently.

A birth defect lawsuit seeks reimbursement for your child's medical expenses, educational costs, and other losses. You must prove that the medical professional in question breached the standard of treatment during or prior to the birth or during pregnancy.

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 strive 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. In the event of this happening, a stunned family may want to seek justice through a birth defect lawsuit.

A successful birth defect lawsuit may result in damages for a multitude of different things. This includes suffering for birth Defect the victim as well as loss of consortium, medical expenses, in addition to loss of earning capacity. The amount of compensation a victim will receive depends on the degree of the child's health, and how much it has affected their standard of living.

Birth injuries and birth defects can be caused by a number of causes that include environmental exposures. Studies have shown that certain chemicals like fungicides, pesticides lead, paints and heavy metals may increase the likelihood of birth defects. Birth defect lawyers have brought lawsuits against companies that exposed workers to these harmful chemicals, and also against pharmaceutical companies that have developed products that cause birth defects in fetuses like DES.

If you suspect that your child's birth defect, or birth injury was the result of medical negligence, you must consult a reputable birth defect lawyer as quickly as you can. In some states, you have only one year to file a lawsuit claiming medical malpractice. If you delay and you don't, your child will not receive the justice they deserve.

Statute of limitations

A statute of limitations is a law that determines how long a person has to file a civil claim. If a person fails to meet an expiration date will lose the right to claim damages against a defendant. Birth injury cases may have more complicated statutes of limitations than other types of medical malpractice cases.

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

In a medical malpractice case the injured party must prove the at-fault doctor did not adhere to the standard of care and consideration that another health care provider would have utilized in similar circumstances. This could include failing to recognize serious conditions like low levels of oxygen during childbirth which could lead to cerebral palsy and brain damage.

The first step in filing a birth defect lawsuit is to reach an experienced attorney. Many attorneys provide free consultations to prospective clients. If the attorney is convinced that a client has a valid claim they will review medical records and hire expert witnesses to assess the evidence. They can also assist in the preparation of documents and filing the medical malpractice lawsuit in time.

Expert Witnesses

In a case involving birth injuries it is essential to have experts who can explain medical practices and procedures to a jury. Expert witnesses can be difficult to testify because they must scrutinize an extensive amount of information to make decisions in accordance with facts rather than opinion. They should also be able to testify on facts that might contradict their opinions.

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

The Daubert ruling was a setback to the plaintiffs, who had suing pharmaceutical companies to achieve justice. There are numerous avenues that an injured party may pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer can advise victims about whether they are eligible for a claim. Lawyers can determine if the plaintiff is able to pursue a lawsuit by themselves or as part of an action class. In certain cases lawyers may be able to file a birth injury lawsuit as part of a multidistrict litigation (MDL). To begin you must fill out the form on this page for an initial consultation for free and confidential with a licensed attorney.

Representation

Modern technology and recent advances in the medical field may have decreased the risk of complications occurring during pregnancy and childbirth but they're not entirely eliminated. When a birth defect or injury occurs and the cause is preventable, parents can seek legal action to cover costs associated with treatment.

Medical negligence cases typically stem from a doctor's failure to recognize or treat a problem. For example, a physician may not perform an ultrasound test or make an error during surgery, which could result in a birth defect similar to spina bifida. Other common causes of a birth defect lawsuit 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 the body of a baby and impact their health, function and appearance. In some instances, a birth defect can significantly diminish a baby's life expectancy, or cause an enormous amount of medical expenses.

If you believe your child's birth defect or injury was the result of negligence or medical malpractice during pregnancy or labor seek out a qualified birth defect lawyer today. A lawyer can explain your options and help you make a claim before the deadline for filing. A lawyer can also negotiate an agreement with the parties responsible for the injury of your child.