How to File a Birth Defect Lawsuit

Modern medical technology and medicine have drastically reduced the risk of childbirth. Birth defects or injuries occur frequently.

A birth defect lawsuit seeks to pay your child's medical expenses, education costs as well as other losses. You must prove that the medical professional in question violated the standard treatment prior to or during the pregnancy or birth.

Damages

Pregnancy can be one of the most exciting, yet nerve-wracking times in the life of a parent. Parents want their babies to be perfect, and doctors strive to do all they can to prevent birth defects from occurring. Medical negligence and birth defect lawsuits carelessness can increase the risk for birth defects and injuries. A family who is shocked by this news should think about the possibility of suing over a birth defect.

A successful birth defect lawsuit can result in damages for many different things. This can include pain and suffering for the victim as well as loss of consortium and medical costs, as well as loss of earning capacity. The amount of damages a victim receives will depend on the severity of their child's condition and the extent to which it has interfered with their quality of life.

Birth injuries and birth defects can be caused by a variety of factors that include environmental exposures. Research has shown that certain chemicals such as pesticides, fungicides, lead, paints and heavy metals may increase the risk of birth defects. Birth defect lawyers have filed lawsuits against companies who exposed workers to harmful chemicals and pharmaceutical companies that manufacture drugs such as DES that can cause birth deformities in fetuses.

If you suspect that medical negligence caused your child's birth injury or birth defect, it is recommended to consult a birth defect lawyer immediately. In some states, you have only one year to file a lawsuit against medical malpractice. If you wait longer and you don't, your child will never get the justice they deserve.

Statute of limitations

A statute of limitations is a law which establishes the deadline for filing a civil lawsuit. If a claimant fails to file by the deadline, they will lose the right to collect damages from the defendant. Birth injury claims have a more complicated time limit than other medical malpractice claims.

A lawsuit is typically brought against the doctor or hospital that caused an injury to the patient during labor and delivery. These types of cases are typically referred to as birthing injury lawsuits or wrongful birth suits, however Florida's laws permit parents to bring a medical malpractice lawsuit in the event of a baby's death.

In a medical malpractice case the injured party must prove that the doctor at fault did not follow the expected level of care and consideration another medical professional would have followed in similar circumstances. This includes failing to recognize an illness that is serious, such as low levels of oxygen in the childbirth process that can cause cerebral palsy or brain damage.

A qualified attorney should be the first step to filing a lawsuit for birth defects. Many attorneys provide free consultations to prospective clients. If the attorney believes that a client has a valid claim, they will look over medical records and appoint experts to examine them. They will also assist in preparing documents and file the medical malpractice lawsuit within time.

Expert Witnesses

In cases that involves birth injuries, it's essential to have medical experts that can explain to a jury the medical practices and procedures. Expert witnesses can be difficult as they have to carefully review the vast amount of information in order to make a decision in accordance with facts rather than opinion. They should also be able to testify about facts that may conflict with their opinions.

In the Daubert case the plaintiffs' experts suggested that Bendectin caused their child's birth defects. The judge concluded that the evidence was "at the forefront of scientific research where fact meets theories, and certainty dissolves into probabilities." However the judge was not convinced there was enough evidence that Bendectin caused birth defects.

The Daubert decision was a setback to plaintiffs who had sued pharmaceutical companies in seeking justice. But there are many avenues for an injured person can pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer can help victims on whether they have claims. Lawyers can determine if the plaintiff is able to file a lawsuit on their own or as part of an action class. In some instances lawyers can file a lawsuit for birth injuries as part of a multidistrict litigation. Fill out the form below to receive a private and free consultation with an attorney.

Representation

Although the advancements in technology and advancements in the medical field have drastically reduced the chance of complications during childbirth and pregnancy but they aren't completely eliminated. Parents can pursue legal action if they suffer a birth defect or birth injury occurs, and the cause could have been avoided.

Medical negligence claims are typically result from a doctor's inability diagnose or treat an illness. For example, a physician might fail to conduct an ultrasound examination or make a mistake during surgery, which could result in a birth defect like spina bifida. Other causes for birth defect lawsuits include an ineffective medication for the mother or exposure to chemicals or other environmental dangers while the baby is growing in the womb.

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

Contact a birth defect lawyer now if you believe your child's birth defect or birth injury was the result of medical negligence or carelessness during labor or birth. A lawyer can help you identify your options and file a claim before the time limit expires. A lawyer might also be competent to negotiate an agreement on your behalf with the responsible parties for your child's injuries.