How to File a Birth Defect Lawsuit

Modern technology and advancements in medicine have dramatically reduced the risk of the birth of a child. However, birth defects or injury still occurs frequently.

A birth defect lawsuit seeks to compensate your child for medical expenses, educational costs and other losses. To be able to pursue a claim, you need to establish that a medical professional violated the standard of care prior to or during pregnancy, or during the delivery.

Damages

Pregnancy can be one of the most exciting, yet nerve-wracking experiences in a parent's lifetime. Parents want their babies to be perfect, and doctors work to do their best to stop birth defects from happening. Unfortunately, negligence and carelessness on the part of medical professionals can increase the chance of birth injuries and birth defects. When this occurs, a stunned family ought to consider pursuing justice through a birth defect lawsuit.

A successful birth defect lawsuit may result in damages for a number of different things. This can include the pain and suffering as well as loss of consortium, medical expenses and lost earning capacity. The amount of damages a victim will receive will depend on the degree of their child's health and the extent to which it has affected in their quality of life.

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

If you suspect that medical negligence caused the birth injury of your child or birth defect, you should consult a lawyer for birth defect lawsuits defects immediately. In certain states, you are given one year to file a suit for medical malpractice. If you put off filing a lawsuit for a longer period, it could mean that your child will not receive the justice they deserve.

Statute of limitations

A statute of limitation is a law that defines the deadline for a person to file an action in civil court. If a person fails to meet a deadline will lose 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 brought against the doctor or hospital that caused an injury to patients during labor or birth defect law firms. These cases are sometimes referred to birthing injury suits or wrongful birth lawsuits, although Florida's laws permit parents to file a malpractice lawsuit in the event of the death of an infant.

In order to prove medical malpractice, the injured party must prove that the doctor at fault did not adhere to the standard of care or consideration expected by another health medical professional in similar circumstances. This includes failing diagnose a serious condition such as low levels of oxygen during childbirth which can result in cerebral palsy and brain damage.

A qualified attorney should be the first step towards filing an action for birth defects. A majority of attorneys offer free consultations and reviews of cases to potential clients. If an attorney is convinced that a client's claim is valid, they will review the medical records of the client, and they will hire experts to assess them. They can also assist in the preparation of documents and file the medical malpractice lawsuit on time.

Expert Witnesses

In a case involving birth injuries it is essential to have experts who can explain medical procedures and practices to a jury. Expert witnesses aren't easy to work with because they must carefully examine massive amounts of evidence and make decisions based on evidence rather than their opinions. Additionally, they must be willing to testify on information that might contradict their views.

In the Daubert case the plaintiffs' experts claimed that Bendectin contributed to their child's birth defects. The judge ruled that the evidence was on the "cutting edge of research in science, where fact meets theory and the certainty transforms into probabilities." However the judge did not believe there was sufficient evidence that Bendectin doubled the chances of developing birth defects.

The Daubert ruling was a setback for the plaintiffs who had sued pharmaceutical companies to try and win justice. Nonetheless, there are still many avenues for an injured person can pursue a lawsuit for birth defects.

A Philadelphia birth defect attorney can assist those suffering from birth defects to determine whether they're eligible for a claim. A lawyer can decide if the plaintiff is eligible to file a suit on their own or as part of an action class. In some cases attorneys can make a claim for birth injuries as part multidistrict litigation. Complete the form below to receive a confidential and free consultation with an attorney.

Representation

Modern technology and recent advances in the field of medicine could have reduced the risk of complications that can occur during pregnancy and childbirth but they are not completely eliminated. Parents can seek legal action if they suffer a birth defect or birth injury occurs, and the cause could have been avoided.

Medical negligence claims tend to be result from a doctor's inability identify or treat an illness. A doctor may fail to perform an ultrasound or make a mistake in surgery, leading to birth defects such as spina bifida. Birth defects can be caused by the wrong medication that is taken by the mother, or exposure to chemicals and other environmental dangers during the child's development in the womb.

A birth defect may affect any part of the newborn's body which can affect their appearance, health, and functioning. In certain instances birth defects can dramatically reduce a child's lifespan or result in significant medical costs.

Contact an attorney for birth defects today if you believe that the birth injury or defect was caused by medical negligence or mistakes during labor or pregnancy. A lawyer can explain your options and help you submit a claim prior to the statute of limitations expiring. A lawyer might also be in a position to negotiate settlements on behalf of you with the parties responsible for your infant's injury.