How to File a Birth Defect Lawsuit

Modern medical and technological advances have significantly reduced the risk of childbirth. However, birth defects or injury can still happen frequently.

A birth defect lawsuit seeks to recover for medical expenses of your child education costs, as well as other expenses. To pursue such a claim, you need to establish that medical professionals violated the standard of care prior to or during pregnancy or during the delivery.

Damages

Pregnancy is one of the most exciting and stressful times in a parent's life. Parents want their babies to be perfect, and doctors do everything possible to avoid birth defects. Inattention to medical issues and negligence can increase the risk for birth defects and injuries. In the event of this happening the family of the victim should consider seeking justice through a birth defect lawsuit.

A successful birth defect lawsuit can result in damages for a number of different things. This includes pain and suffering for the victim, loss of consortium and medical expenses, not to mention loss of earning capacity. The amount of compensation the victim will receive is contingent on the severity of the child's condition, and how much it has affected their quality of life.

Birth injuries and birth defects can be caused by a number of causes such as environmental exposures. Research has shown that certain chemicals like pesticides, fungicides and lead, as well as heavy metals and paints can increase the likelihood of birth defects. Birth defect lawyers have brought lawsuits against companies that have exposed workers to these hazardous chemicals, as well as against pharmaceutical companies that have made drugs that can cause birth defects in fetuses like DES.

If you think your child's birth defect or birth injury is the result of medical malpractice, you should consult a skilled birth defect lawyer as soon as you can. In some states, there is only one year to file a medical malpractice lawsuit, and waiting more than that could mean losing your chance to obtain the justice you need for your child's injuries.

Statute of Limitations

A statute of limitations is a law which defines the time limit for a person to file a civil lawsuit. A person who misses an expiration date will lose the right to sue a defendant for damages. Birth injury claims can be more complex in terms of the statute of limitations than other medical malpractice claims.

A lawsuit is usually filed against the medical professional or hospital who caused the patient's injuries during labor and birth. These types of cases are typically referred to as birthing injury lawsuits or wrongful birth suits though Florida's laws allow parents to bring a medical malpractice lawsuit to bring a child's death.

In a medical malpractice lawsuit the plaintiff must prove the at-fault doctor failed to adhere to the expected level of care and consideration that another health care provider would have used in similar circumstances. This includes not being able to identify an illness that is serious like low levels of oxygen during childbirth that cause brain damage and cerebral palsy.

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

Expert Witnesses

In cases which involves birth injuries, it is vital to have medical experts who are able to explain to a jury the medical procedures and practices. Expert witnesses aren't easy to work with as they must be able to scrutinize massive amounts of evidence and be able to make decisions based upon facts rather than opinions. In addition, they must be willing to testify on things that may contradict their beliefs.

In the Daubert Case, the plaintiffs' expert claimed that Bendectin caused the birth defect in their child. The judge concluded that the evidence was "at the forefront of scientific research, where evidence meets theories and the certainty is transformed into probabilities." However the judge did not believe there was enough evidence to conclude that Bendectin caused birth defects.

The Daubert ruling was a setback for the plaintiffs, who had filed a lawsuit against pharmaceutical companies in order to achieve justice. Nonetheless, there are still many ways that an injured person can pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer can advise victims on whether they're eligible for a claim. A lawyer can help victims determine if they're qualified to file an individual lawsuit or a class action. In certain cases, a lawyer can file a birth defect attorney injury lawsuit as part of multidistrict lawsuit (MDL). To begin, fill out the form on this page for an unreserved and confidential consultation with a professional lawyer.

Representation

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

Medical negligence cases typically result from a doctor's inability to diagnose or treat a problem. For instance, a doctor could neglect to perform an ultrasound examination or make mistakes during surgery, resulting in a birth defect such as spina bifida. Other causes for a birth defect lawsuit include improper medication for the mother or exposure to chemicals or other environmental hazards when the baby is growing in the womb.

A birth defect could affect any part of the body of a newborn, affecting their appearance, health, and function. In some cases birth defects can drastically reduce a baby's life expectancy or lead to an enormous amount of medical costs.

If you believe the birth defect or injury was due to medical malpractice or negligent care during labor or pregnancy consult a certified birth defect lawyer today. A lawyer can assist you discover your options and file a claim before the statute of limitations runs out. A lawyer might also be capable of negotiating settlements on behalf of you with the parties accountable for the injury to your child.