How to File a Birth Defect Lawsuit

Modern medical technology and medicine have drastically decreased the risks of childbirth. However, birth defects or injury is still a common occurrence.

A birth defect lawsuit seeks compensation for medical expenses of your child education costs, as well as other losses. You must prove that the medical professional involved did not follow the standard of treatment prior to or during pregnancy or delivery.

Damages

Pregnancy is among the most exciting and nerve-wracking times in a parent's life. Parents want their babies to be perfect, and doctors attempt to do everything they can to stop birth defects from occurring. However, carelessness and negligence on the part of medical practitioners can increase the risk of birth injuries and defects. When this occurs, a stunned family might want to pursue justice via a birth defect lawsuit.

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

Environmental exposures can cause birth injuries and birth defects. Studies have revealed that pesticides, including lead and fungicides and paints, heavy metals and heavy metals, could increase the risk 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 who have manufactured medications that can cause birth defects in fetuses like DES.

If you suspect that your child's birth defect, or birth injury is the result of medical negligence, you must seek out a skilled birth defect lawyer as soon as you can. In some states, there is only one year to file a medical negligence lawsuit, and waiting more than that may mean losing the chance to receive the justice you deserve for your child's injury.

Statute of limitations

A statute of limitations is a law that establishes how long a person has to file a civil lawsuit. Anyone who fails to meet the deadline will lose the right to pursue a defendant for damages. Birth injury cases could have more complex statutes of limitations than other kinds of medical malpractice claims.

A lawsuit is usually filed against the doctor or the hospital that caused a patient's injuries during labor and birth. These cases are commonly called birthing injuries lawsuits or wrongful birth suits though Florida's laws allow parents to bring a medical malpractice lawsuit for the death of an infant.

In a medical malpractice lawsuit the plaintiff must prove that the doctor at fault was not adhering to the expected level of care and consideration any other medical professional would have followed in similar circumstances. This includes not being able to identify a serious illness, such as low oxygen levels during childbirth that result in cerebral palsy or brain damage.

The first step to file a birth defect lawsuit is to reach 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 look over medical records and appoint expert witnesses to assess their credibility. They will also assist in preparing documents and file the medical malpractice lawsuit on time.

Expert Witnesses

In a case involving birth injuries, it is important to have experts who can explain medical procedures and practices before a jury. Expert witnesses can be difficult to testify because they have to carefully review an extensive amount of information to make decisions based on facts, not opinions. They must also be willing to testify about facts that might conflict with their views.

In the Daubert Case, the plaintiffs' expert claimed that Bendectin was responsible for their child's birth defect. The judge found that the evidence was at the "cutting edge of research in science, where fact meets theory and the certainty transforms into probabilities." However the judge did believe there was enough evidence to prove that Bendectin doubled the chances of developing birth defects.

The Daubert ruling was a setback for plaintiffs, who had filed a lawsuit against pharmaceutical companies to obtain justice. However, there are many avenues for an injured person can pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer can provide victims with advice on whether they're eligible for claims. A lawyer can help victims determine if they're qualified to file an individual lawsuit or a class action. In some cases, a lawyer can file a birth injury lawsuit as part of multidistrict lawsuit (MDL). To begin complete the form here for the opportunity to have a no-cost and confidential consultation with a professional lawyer.

Representation

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

Medical negligence cases typically stem from a doctor's failure to recognize or treat a condition. A physician may fail to perform an ultrasound or make a mistake during surgery, leading to birth defects, such as spina bifida. Other common causes of a birth defect lawsuit include an ineffective medication for the mother or exposure to chemicals or other environmental hazards when the baby develops in the womb.

A birth defect can affect any part of a newborn's body and affect their health, functioning and appearance. In certain cases birth defects can decrease the life span of a child or trigger significant medical costs.

If you believe your child's birth defect or injury was the result of medical malpractice or negligent care during pregnancy or labor get in touch with a reputable birth defect lawyer today. A lawyer can help you discover your options and file a claim before the statute of limitations expires. A lawyer might also be able to negotiate settlements on behalf of you with the parties responsible for the injuries your infant sustained.