How to File a Birth Defect Lawsuit

Modern medicine and technology have greatly decreased the risks of childbirth. But, a birth defect or injury is still a common occurrence.

A birth defect lawsuit seeks to recover for medical expenses of your child, educational costs, and other expenses. You must prove that the medical professional involved did not follow the standard of care prior to or during the pregnancy or birth.

Damages

Pregnancy is one of the most exciting and stressful experiences a parent can experience. Parents want their babies to be perfect, and doctors do everything they can to prevent birth defects. Medical negligence and inattention can increase the risk for birth defects and injuries. A family that is stricken by this situation should consider suing for a birth defect.

A successful birth defect suit can result in damages for a variety of different things. This can include pain and suffering for the victim, loss of consortium and medical expenses, as well as loss of earning capacity. The amount of damages that the victim will be awarded is contingent on the severity of the child's medical condition and how it has affected their quality of living.

Birth defects and birth injuries can be caused by a number of factors such as exposure to environmental factors. Studies have shown that certain chemicals, such as pesticides, fungicides and lead, as well as paints, and heavy metals can increase the chance of birth defects. Birth defect lawyers have brought suits against companies that exposed workers to harmful chemicals, and against pharmaceutical companies who have manufactured products that cause birth defect law firm defects in fetuses such as DES.

If you suspect that your child's birth defect or birth injury was caused by medical negligence, you must seek out a skilled birth defect lawyer as quickly as you can. In certain states, you only have one year to file a medical negligence suit, and waiting longer than that could mean losing your chance of getting the justice you have earned for your child's injury.

Statute of Limitations

A statute of limitation is a law that establishes the time limit for someone to file an action in civil court. If a person fails to meet a deadline loses the right to pursue a defendant for damages. Birth injury claims can have a more complicated statute of limitations than other medical malpractice claims.

A lawsuit is typically filed against the hospital or doctor that caused injuries to a patient during labor and delivery. These cases are sometimes called birthing injury lawsuits or wrongful birth lawsuits, although Florida's laws permit parents to file a malpractice lawsuit in the event of the death of a baby.

In a medical malpractice lawsuit, the injured party must prove the at-fault doctor failed to adhere to the standard of care and consideration another medical professional would have followed in similar circumstances. This could include failing to recognize an illness that is serious, for example, low oxygen levels during childbirth which can result in cerebral palsy and brain damage.

Contacting a qualified attorney is the first step to filing a lawsuit for birth defects. The majority of lawyers offer free consultations to potential clients. If an attorney believes the client's claim is legitimate they will look over the medical documents of the client and employ experts to review the evidence. They can also assist in the preparation of documents and filing the medical malpractice lawsuit in time.

Expert Witnesses

In a case involving birth injuries it is crucial to have experts who can explain medical procedures and practices before a jury. Expert witnesses can be difficult to work with because they must be able to scrutinize massive amounts of evidence and make decisions based on the facts rather than their opinions. In addition, they must be willing to testify about facts that might conflict with their beliefs.

In the Daubert case the plaintiffs' experts claimed that Bendectin contributed to birth defects for their child. The judge concluded that the evidence was "at the cutting-edge of research in science where fact meets theories and certainty dissolves into probabilities." However, he did not believe there was sufficient evidence to prove that Bendectin caused birth defects.

The Daubert decision was a blow to plaintiffs who had filed lawsuits against pharmaceutical companies in seeking justice. There are a variety of avenues for a victim to bring a lawsuit based on a birth defect.

A Philadelphia birth defect lawyer can help victims on whether they're eligible for a claim. A lawyer can help clients determine if they're eligible to file a lawsuit on their own or a class action. In some instances, an attorney can make a claim for birth injury as part of an interdistrict litigation. To start you must fill out the form on this page to request a an initial consultation for free and confidential with a professional lawyer.

Representation

Modern technology and recent advancements in the medical field may have decreased the risk of complications that can occur during pregnancy and childbirth, but they're not completely eliminated. If a birth defect or injury occurs and the cause was preventable parents may pursue legal action to recover the costs associated with treatment.

Medical negligence claims are typically based on a doctor's failure identify or treat an illness. Physicians may fail to diagnose an ultrasound or make a mistake in surgery, leading to a birth defect such as spina bifida. Other common causes of birth defect lawsuits include an ineffective medication for the mother or exposure to chemicals or other environmental hazards when the baby is growing in the womb.

A birth defect can affect any part of the body of a baby and impact their health, function and appearance. In some instances the birth defect can severely reduce a baby's life expectancy or lead to an enormous amount of medical expenses.

If you suspect the birth defect or injury was the result of medical malpractice or negligent care during labor or pregnancy consult a certified birth defect attorney today. A lawyer can help you identify your options and submit a claim before the deadline for filing a claim expires. A lawyer might also be capable of negotiating settlements on your behalf with the responsible parties for your infant's injury.