How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have greatly reduced the risks associated with childbirth. However, birth defects or injury still occurs frequently.

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

Damages

Pregnancy can be one of the most exciting, yet nerve-wracking events in the life of a parent. Parents want their children to be perfect, and doctors work to do all they can to prevent birth defects from happening. Inattention to medical issues and negligence can increase the risk of birth defects and injuries. Families who are shocked by this news should think about seeking legal action for a birth defect.

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

Birth defects and birth injuries can be caused by a number of causes which include environmental exposures. Studies have revealed that pesticides such as lead and fungicides, as well heavy metals, paints, and heavy metals, could increase the risk of birth defects. Birth defect lawyers have filed lawsuits against companies that have exposed workers to toxic chemicals, as well against pharmaceutical companies that have produced products that cause birth defects in fetuses like DES.

If you think your child's birth defect, or birth defect attorneys injury is the result of medical negligence, you must consult a reputable birth defect lawyer as soon as possible. In certain states, you have only one year to file a medical negligence suit, and if you wait longer than that could result in losing your chance to get the justice you are due for lawsuits the injury your child sustained.

Statute of Limitations

A statute of limitations is a law that sets the deadline for a person to file an action in civil court. If someone misses the deadline, they lose their right to recover damages from a defendant. Birth injury cases can be more complex in terms of the statute of limitations than other medical malpractice claims.

A lawsuit is usually filed against the hospital or doctor who caused the patient's injuries during labor and birth. These cases are commonly called birthing injury lawsuits or wrongful birth suits though Florida's laws allow parents to make a claim for medical malpractice in the event of a baby's death.

In a case of medical malpractice the plaintiff must prove that the doctor at fault was not adhering to the standard of care and consideration that other health care providers would have used in similar circumstances. This includes failing to recognize an illness that is serious, for example, low oxygen levels in childbirth which can lead to cerebral palsy and brain damage.

The first step in filing a birth defect lawsuit is to get in touch with a skilled attorney. The majority of lawyers offer free consultations and reviews of cases to prospective clients. If the attorney believes that a client has a valid claim they will examine medical records and hire experts to review their credibility. They can also assist in the preparation of documents and file the medical malpractice lawsuit on time.

Expert Witnesses

In a case involving a birth injury it is crucial to have experts who can explain medical procedures and practices to jurors. Expert witnesses can be difficult to testify because they have to carefully review a vast amount of data to be able make decisions in accordance with facts rather than opinions. They should also be prepared to testify about facts that may conflict with their opinions.

In the Daubert Case, the plaintiffs' expert suggested that Bendectin was the cause of their child's birth defect. The judge ruled that the evidence was on the "cutting edge of scientific research, where evidence meets theory and the certainty transforms into probabilities." However the judge did not believe there was enough evidence that Bendectin doubled the chances of developing birth defects.

The Daubert decision was a blow to plaintiffs who had filed lawsuits against pharmaceutical companies in the hope of obtaining justice. There are a variety of avenues an injured person can bring a lawsuit based on a birth defect.

A Philadelphia birth defect lawyer can assist victims on whether they have a claim. A lawyer can help clients determine if they're eligible to file a lawsuit on their own or a class action. In some cases an attorney may be able to start a lawsuit for birth injuries as part a multidistrict lawsuit. Please fill out the form below for a confidential and free consultation with an attorney.

Representation

While modern technology and recent advances in medicine have drastically reduced the chance of complications during pregnancy and childbirth, they are not entirely eliminated. Parents can take legal action if a birth defect law firm injury or defect occurs, and the cause could have been prevented.

Medical negligence claims are usually caused by a doctor's inability to diagnose or treat a disease. For instance, a physician may fail to conduct an ultrasound examination or make mistakes during surgery, resulting in a birth defect similar to spina bifida. Other causes for birth defect lawsuits 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 and affect their health, function and appearance. In some cases birth defects can decrease a baby's lifespan or cause major medical expenses.

If you suspect your child's birth defect or injury was caused by negligence or medical malpractice during pregnancy or labor seek out a qualified birth defect lawyer today. A lawyer can help you discover your options and make a claim before the time limit expires. A lawyer might also be in a position to negotiate a settlement on behalf of you with the responsible parties for your infant's injury.