How to File a Birth Defect Lawsuit

Modern technology and advancements in medicine have dramatically reduced the risk of the birth of a child. Birth defects or injuries continue to occur frequently.

A birth defect lawsuit seeks compensation for your child's medical expenses as well as educational costs and other expenses. To be able to pursue claims, you must establish that a medical professional did not meet the standard of care prior to pregnancy or during the delivery.

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 do everything to avoid birth defects. However, carelessness and negligence on the part of medical practitioners can increase the chance of birth injuries and defects. In the event of this happening an astonished family might want to pursue justice via a birth defect lawsuit.

A successful birth defect lawsuit could result in damages for a range of different things. These include the victim's suffering and suffering, loss of consortium, medical expenses and lost earning capacity. The amount of damages a victim will receive will depend on the severity of their child's medical condition and the extent to which it has impacted with their quality of life.

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

If you think your child's birth defect, or birth injury was caused by medical malpractice, it is important to consult a reputable birth defect lawyer as quickly as you can. In certain states, there is only one year to file a medical negligence suit, and if you wait longer than that could 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 defines the deadline for when a person is allowed to file a civil lawsuit. A person who misses an expiration date will lose the right to seek damages from a defendant. Birth injury cases could have more complex statutes of limitations than other types of medical malpractice claims.

A lawsuit is usually filed against the doctor or hospital that caused an injury to an individual during labor and birth. These cases are sometimes referred to birthing injury lawsuits or wrongful birth lawsuits, however Florida's laws permit parents to file a malpractice lawsuit for the death of a child.

In order to prove medical negligence, the person who was injured must prove that the doctor who was at fault was not able to meet the standards of care and consideration expected by another health healthcare provider in similar situations. This could include failing to recognize an illness that is serious, for example, low oxygen levels during childbirth that can cause cerebral palsy and brain damage.

Contacting a qualified attorney is the first step to file a lawsuit against birth defects. Most attorneys offer free consultations to prospective clients. If an attorney believes a client's claim is valid, they will review the medical records of the client, and they will hire experts to review the evidence. They can also assist in the preparation of documents and file the medical malpractice lawsuit in time.

Expert Witnesses

In the case of a birth injury, it is important to have experts who can explain medical practices and procedures to a jury. However, expert witnesses aren't easy to work with since they must scrutinize huge amounts of evidence and make decisions based on the facts rather than their opinions. Furthermore, they should be able to testify regarding facts that might conflict with their opinions.

In the Daubert Case the plaintiffs' expert argued that Bendectin was the cause of the birth defect in their child. The judge concluded 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 believe there was enough evidence to support the claim that Bendectin doubled the chances of developing birth defects.

The Daubert decision was a blow to plaintiffs who had sued pharmaceutical companies in an attempt to get justice. But there are numerous avenues that the injured party could pursue a lawsuit for birth defects.

A Philadelphia birth defect lawyer can provide victims with advice on whether they're eligible for an opportunity to file a claim. Lawyers can determine if a plaintiff is eligible to file a lawsuit on their own or as part of a class action. In certain cases, an attorney can make a claim for birth injuries as part an interdistrict litigation. Fill out the form to get a confidential and free consultation with an attorney.

Representation

Modern technology and recent advancements in medical technology may have decreased the chance of complications arising during pregnancy and childbirth, however they're not completely eliminated. Parents can seek legal action if a birth injury or defect occurs, and the reason could have been avoided.

Medical negligence claims usually result from a doctor's inability to identify or treat a condition. For example, a physician may fail to conduct an ultrasound examination or make an error during surgery, which could result in a birth defect, such as spina bifida. Other causes for birth defect lawsuits include insufficient 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 a newborn's body, and impact their health, function and appearance. In certain instances birth defects can severely reduce a baby's life expectancy or result in significant medical expenses.

Contact a birth defect lawyer today if you suspect that the birth injury or defect was caused by medical negligence or malpractice during pregnancy or labor. A lawyer can assist you in understanding your options and help you submit a claim prior to the statute of limitations expiring. A lawyer might also be competent to negotiate settlements on behalf of you with the parties accountable for your infant's injury.