How to File a Birth Defect Lawsuit

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

A birth defect lawsuit seeks to recover for medical expenses of your child as well as 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 birth or delivery.

Damages

Pregnancy is among the most exciting and nerve-wracking moments in the life of a mother. Parents want their babies to be perfect, and doctors strive to do all they can to prevent birth defects from happening. Unfortunately, carelessness and negligence on the part of medical professionals can increase the risk of birth injuries and birth 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 number of different things. This can include pain and suffering for the victim along with loss of consortium and medical expenses, not to mention lost earning capacity. The amount of the damages a victim is awarded will depend on the severity of their child's condition and the extent to which it has affected with their quality of life.

Birth injuries and birth defects can be caused by a variety of causes that include exposure to environmental factors. Studies have revealed that certain chemicals, like pesticides, fungicides and lead, as well as paints and heavy metals may increase the chance of birth defects. Birth defect lawyers have brought lawsuits against companies that exposed workers to these hazardous chemicals, as well as against pharmaceutical companies that have made drugs that could cause birth defects in fetuses such as DES.

If you think your child's birth defect or injury was caused by medical negligence, you must consult a reputable birth defect lawyer as quickly as you can. In certain states, you have only one year to file a medical negligence suit, and if you wait longer than that can mean losing your chance of getting the justice you are due for the injury your child sustained.

Statute of limitations

A statute of limitations is a law which establishes the deadline for someone to file an action in civil court. If a person fails to meet the deadline, they lose their right to recover damages from the defendant. Birth injury cases have more complicated statutes of limitations than other types of medical malpractice cases.

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

In a medical malpractice lawsuit, the injured party must prove the at-fault doctor did not adhere to the standard of care and consideration that any other medical professional would have followed in similar circumstances. This includes failing diagnose a serious illness, such as low oxygen levels in childbirth that can cause cerebral palsy and brain damage.

The first step to file a birth defect lawsuit is to contact an experienced attorney. Many attorneys provide free consultations to potential clients. If the lawyer believes that a client has a valid claim they will review medical records and hire experts to evaluate their credibility. They can also assist in the preparation of documents and file the medical malpractice lawsuit on time.

Expert Witnesses

In cases which involves birth injuries, it is essential to be able to have medical experts explain to jurors the medical procedures and practices. Expert witnesses aren't easy to work with since they must scrutinize huge amounts of evidence and make decisions based on facts rather than opinions. Additionally, they must be willing to testify about information that might contradict their opinions.

In the Daubert case, the plaintiffs' experts suggested that Bendectin contributed to their child's birth defects. The judge concluded that the evidence was on the "cutting edge of research in science, where reality meets theory, and certainty transforms into probabilities." However the judge did believe there was sufficient evidence to support the claim that Bendectin increased the chance of developing birth defects.

The Daubert ruling was a setback for the plaintiffs, who had sued pharmaceutical companies to get justice. Nonetheless, there are still numerous avenues that an injured person could pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer can provide victims with advice on whether they're eligible for a right to sue. A lawyer can help victims determine if they're eligible to file a lawsuit as an individual or a class action. In certain cases lawyers can start a lawsuit for birth injuries as part of multidistrict litigation (MDL). To start, fill out the form on this page to request a an unreserved and confidential consultation with a licensed lawyer.

Representation

Although the latest technology and advances in medicine have drastically reduced the chance of complications during childbirth and pregnancy but they aren't completely eliminated. When a birth defect or injury occurs and the cause was preventable, parents may pursue legal action to recover the costs related to treatment.

Medical negligence claims usually result from a doctor's inability to identify or treat a problem. For instance, a doctor may not perform an ultrasound examination or make an error during surgery, which could result in a birth defect, such as spina bifida. Other causes that can lead to a birth defect lawsuit include an ineffective medication for the mother or exposure to chemicals or other environmental hazards as 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 some cases, a birth defect can severely reduce a baby's lifespan or result in an enormous amount of medical expenses.

If you suspect that the birth defect or injury was caused by negligence or medical malpractice during pregnancy or labor consult a certified birth defect attorney today. A lawyer can assist you in understanding your options and assist you to file a claim prior to the deadline for filing. A lawyer might also be able to negotiate settlements on your behalf with the responsible parties for your child's injuries.