How to File a Birth Defect Lawsuit

Modern medical technology and medicine have drastically reduced the risk of childbirth. Birth defects or injuries continue to occur frequently.

A birth defect lawsuit seeks reimbursement for your child's medical expenses, educational costs, and other expenses. You must prove that the medical professional you are suing has violated the standard medical treatment prior to or during the pregnancy or birth.

Damages

Pregnancy can be one of the most exciting but nerve-wracking moments in a parent's lifetime. Parents want their babies to be perfect, and doctors try to do their best to stop birth defects from happening. Unfortunately, carelessness and negligence on the part of medical practitioners can increase the chance of birth defects and injuries. If this happens the family of the victim may want to seek justice through a birth defect lawsuit.

A successful birth defect lawsuit can result in damages for a number of different things. These include the victim's pain and suffering as well as loss of consortium, medical expenses and lost earning capacity. The amount of damages that the victim will receive is contingent on the degree of the child's health, and how much it has affected their quality of living.

Birth defects and birth injuries can be caused by a number of causes that include environmental exposures. Studies have revealed that certain chemicals like pesticides, fungicides and lead, as well paints and heavy metals may increase the chances of birth defects. Birth defect lawyers have filed lawsuits against companies that have exposed workers to harmful chemicals, and against pharmaceutical companies that have made medications that can cause birth defects in fetuses like DES.

If you suspect medical malpractice caused your child's birth injury or birth defect, you should consult a birth defect lawyer immediately. In certain states, you only have one year to file a medical negligence suit, and waiting any longer than that may mean losing your chance of getting the justice you have earned 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 claim. If a person fails to meet the deadline, they will lose their right to seek damages from a defendant. Birth injury claims can be more complex in terms of the statute of limitations than other medical malpractice claims.

A lawsuit is typically brought against the hospital or doctor who caused injury to a patient during labor and birth. These cases are sometimes referred to as 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 failed to adhere to the standard of care and consideration another health care provider would have applied in similar circumstances. This includes not being able to identify a serious condition, such as low levels of oxygen during childbirth which can cause brain damage and cerebral palsy.

The first step to file a birth defect lawsuit is to contact a skilled attorney. A majority of attorneys offer free consultations to prospective clients. If an attorney believes that the claim of a client is valid they will go over the medical records of the client and hire experts to review them. They can also assist in the preparation of documents and file the medical malpractice lawsuit on time.

Expert Witnesses

In a birth injury case it is crucial to have experts who can explain medical procedures and practices to a jury. Expert witnesses aren't easy to work with since they have to carefully review huge amounts of data and be able to make decisions based upon facts rather than opinions. In addition, they must be willing to testify on facts that could contradict their positions.

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

The Daubert ruling was a setback for plaintiffs, who had filed a lawsuit against pharmaceutical companies in order to obtain justice. However, there are numerous avenues that the injured party could pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer can help victims on whether they have an opportunity to file a claim. A lawyer can assist victims determine if they're eligible to file a lawsuit on their own or a class action. In some instances lawyers can file a lawsuit for birth injuries as part a multidistrict lawsuit. Fill out the form below to receive a confidential and free consultation with an attorney.

Representation

Although modern technology and recent advancements in the medical field have drastically reduced the chance of complications during childbirth and pregnancy However, they aren't eliminated. Parents may pursue legal action if they suffer a birth injury or defect occurs, and the cause could have been avoided.

Medical negligence claims are often based on a doctor's failure identify or treat an illness. 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 common causes of a birth defect lawsuit include inadequate medication for the mother or exposure to chemicals or other environmental hazards while the baby develops in the womb.

A birth defect can affect any part of a newborn's body. It can affect their health, functioning and appearance. In some cases, birth defects can reduce the life expectancy of a newborn or lead to significant medical costs.

Contact an attorney for birth defects now if you believe your child's birth injury or defect was the result of medical negligence or carelessness during labor or birth. A lawyer can assist you discover your options and submit a claim before the deadline for filing a claim expires. A lawyer can also negotiate an agreement with the parties accountable for the injuries suffered by your infant.