How to File a Birth Defect Lawsuit

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

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

Damages

Pregnancy can be one of the most exciting, yet nerve-wracking times in a parent's lifetime. Parents want their children to be perfect, and doctors work to do their best to prevent birth defects from occurring. Medical negligence and inattention can increase the risk for birth defects and injuries. In the event of this happening an astonished family should consider seeking justice through a birth defect lawsuit.

A successful birth defect lawsuit can result in damages for a variety of different things. These include the victim's suffering and suffering and loss of consortium, medical expenses, and loss of earning capacity. The amount of compensation the victim will receive is contingent on the severity of the child's illness and how much it has affected their quality of life.

Environmental exposures can cause birth defects and birth injuries. Studies have shown that pesticides, such as fungicides and lead, as well heavy metals, paints, and heavy metals can increase the risk of birth defects. Birth defect lawyers have brought suits against businesses that have exposed workers to hazardous chemicals, as well as against pharmaceutical companies that have produced products that cause birth defects in fetuses such as DES.

If you believe that your child's birth defect or injury is the result of medical malpractice, you should seek out a skilled birth defect lawyer as soon as you can. In some states, there's only one year to file a medical malpractice suit, and waiting any longer than that can mean losing your chance of getting the justice you need for your child's injuries.

Statute of limitations

A statute of limitations is a law that sets the time limit for a person to file a civil lawsuit. If a person fails to meet the deadline will lose the right to pursue a defendant for damages. Birth injury claims can have a more complicated time limit than other medical malpractice claims.

A lawsuit is typically brought against the hospital or doctor who caused injury to the patient during labor and delivery. These types of cases are typically called birthing injuries lawsuits or wrongful birth suits although Florida's laws allow parents to file a medical malpractice suit to bring a child's death.

In order to prove medical malpractice, the injured party will need to show that the doctor responsible did not adhere to the standards of care and consideration expected by another health healthcare provider in similar situations. This includes failing in diagnosing a serious illness like low levels of oxygen in the childbirth process that can cause brain damage and cerebral palsy.

The first step to file a birth defect lawsuit is to speak with an experienced attorney. A majority of attorneys offer free consultations and reviews of cases to potential clients. If the attorney believes that a client has a valid claim, they will look over medical records and employ experts to review the case. They will also assist in preparing documents and file the medical malpractice lawsuit within the timeframe.

Expert Witnesses

In a case that involves birth injuries, it is crucial to be able to have medical experts explain to jurors the medical practices and procedures. However, expert witnesses can be difficult to work with since they must carefully examine massive quantities of information and make decisions based upon facts rather than opinions. They must also be willing to provide evidence on matters that might contradict their beliefs.

In the Daubert case the plaintiffs' experts claimed that Bendectin was the cause of their child's birth defects. The judge ruled that the evidence was at the "cutting edge of research in science, where reality is matched by theory, and certainty turns into probabilities." However, the judge did not consider there was enough evidence to prove that Bendectin doubled a baby's risk of developing birth defects.

The Daubert decision was an affront to plaintiffs who had filed a lawsuit against pharmaceutical companies the hope of obtaining justice. But there are various ways in which an injured party may pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer can assist those suffering from birth defects to determine whether they're eligible for a claim. Lawyers can determine if an individual plaintiff is eligible to file a lawsuit individually or as part of a class action. In certain cases lawyers can start a lawsuit for birth injuries as part of a multidistrict litigation (MDL). To get started, fill out the form here for the opportunity to have a no-cost and confidential consultation with a qualified attorney.

Representation

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

Medical negligence claims usually result from a doctor's inability to identify or treat a problem. For example, a physician may fail to conduct an ultrasound examination or make mistakes during surgery, resulting in a birth defect like 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 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 the birth defect could dramatically reduce a child's lifespan or result in a significant amount of medical expenses.

Contact a birth defect lawyer immediately if you believe your child's birth defect or birth injury was the result of medical negligence or negligence during labor or pregnancy. A lawyer can assist you to identify your options and make a claim prior to the time limit expires. A lawyer can also negotiate a settlement with the parties accountable for the injuries suffered by your child.