How to File a Birth Defect Lawsuit

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

A birth defect lawsuit seeks to compensate your child for medical expenses, education costs and other damages. To be able to pursue claims, you must prove that medical professionals violated the standard of care prior to pregnancy or the birth of your child.

Damages

Pregnancy can be one of the most exciting yet nerve-wracking events in a parent's lifetime. Parents want their babies to be perfect, and doctors strive to do all they can to prevent birth defects from happening. Unfortunately, carelessness and negligence on the part of medical practitioners can increase the chance of birth defects and injuries. Families who are shocked by this incident should think about taking legal action to remedy a birth defect.

A successful birth defect lawsuit could result in damages for a multitude of different things. This can include the pain and suffering as well as loss of consortium, medical expenses and lost earning capacity. The amount of damages a victim receives will depend on the degree of their child's health and the extent that it has affected with their quality of life.

Birth injuries and birth defects can be caused by a variety of causes, including environmental exposures. Studies have proven 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 filed lawsuits against companies that exposed workers to harmful chemicals, and also against pharmaceutical companies that have developed drugs that could cause birth defects in fetuses like DES.

If you think your child's birth defect or injury was caused by medical malpractice, it is important to consult a reputable birth defect lawyer as soon as you can. In some states, you have only one year to file a lawsuit claiming medical malpractice. If you put off filing a lawsuit for a longer period and you don't, your child won't get the justice they deserve.

Statute of limitations

A statute of limitations is a law which defines the deadline for when a person is allowed to file a civil action. If a person misses the deadline, they will lose their right to seek damages from the defendant. Birth injury cases may have more complex statutes of limitations than other types of medical malpractice claims.

A lawsuit is typically filed against the doctor or hospital who caused injury to a patient during labor and delivery. These cases are often known as birthing injury lawsuits or wrongful birth suits however, Florida's laws permit parents to pursue a medical malpractice suit to bring a child's death.

To prove medical malpractice, the party who suffered will need to show that the doctor responsible didn't adhere to the standard of care or consideration expected by another health healthcare provider in similar situations. This includes failing to diagnose an illness of serious severity like low oxygen levels during childbirth that result in cerebral palsy and brain damage.

The first step in filing a birth defect lawsuit is to reach an experienced attorney. A majority of attorneys offer free consultations and case reviews for potential clients. If the attorney believes that a client has a valid case, they will review medical records and employ experts to examine the case. They will also assist in preparing documents and file the medical malpractice lawsuit on time.

Expert Witnesses

In cases with birth injuries, it is vital to have medical experts who can provide a jury with the medical practices and procedures. Expert witnesses aren't easy to work with as they must carefully examine massive amounts of information and make decisions based upon facts rather than their opinions. In addition, they must be prepared to testify about facts that could contradict their beliefs.

In the Daubert Case, the plaintiffs' expert argued that Bendectin was the cause of the birth defect of their child. The judge concluded that the evidence was "at the cutting edge of scientific research, where evidence meets theories and certainty transforms into probabilities." However he was not convinced there was enough proof that Bendectin caused birth defects.

The Daubert ruling was a setback for plaintiffs, who had sued pharmaceutical companies to win justice. However, there are many ways that an injured party may pursue a lawsuit for birth defects.

A Philadelphia birth defect lawyer can help victims on whether they're eligible for an opportunity to file a claim. A lawyer can decide if an individual plaintiff is eligible to file a suit on their own or as part of a class action. In some instances attorneys can make a claim for birth injury as part a multidistrict litigation. To begin, fill out the form below for a a free and confidential consultation with a reputable attorney.

Representation

Modern technology and recent advances in medical technology may have reduced the risk of complications that can occur during pregnancy and childbirth, however they are not completely eliminated. Parents can take legal action if they suffer a birth injury or defect occurs, and the reason could have been avoided.

Medical negligence claims are typically result from a doctor's inability diagnose or treat a condition. For example, a physician might fail to conduct an ultrasound exam or make a mistake during surgery, resulting in a birth defect similar to spina bifida. Birth defects can also be caused by improper medication taken by the mother or exposure to chemicals and other environmental hazards during the baby's development during the womb.

A birth defect can affect any part of the body of a newborn and affect their health, appearance and function. In certain instances the birth defect lawsuits defect can dramatically reduce a child's lifespan or result in a significant amount of medical costs.

Contact a birth defect lawyer now if you believe the birth defect or birth injury was caused by medical negligence or mistakes during labor or pregnancy. A lawyer can help explain your options and assist you file a claim prior to the deadline for filing. A lawyer may also be capable of negotiating settlements on behalf of you with the parties responsible for the injury to your child.