How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have significantly reduced the risks associated with the birth of a child. However, birth defects or injury still occurs frequently.

A birth defect lawsuit seeks to recover for medical expenses of your child or educational costs, among other expenses. To pursue a claim, you need to demonstrate that medical professionals breached the standard of care prior to or during pregnancy or the birth of your child.

Damages

Pregnancy can be one of the most exciting yet nerve-wracking experiences during the lifetime of a parent. Parents want their children to be perfect, and doctors attempt to do everything they can to prevent birth defects from occurring. However, carelessness and negligence on the part of medical practitioners can increase the risk of birth injuries and birth defects. In the event of this happening, a stunned family may want to seek justice through a birth defect lawsuit.

A successful birth defect lawsuit may result in damages for a variety of different things. These include the victim's suffering and suffering and loss of consortium, medical expenses and lost earning capacity. The amount of the damages a victim is awarded will depend on the degree of their child's health and the extent that it has affected with their quality of life.

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

If you suspect that medical malpractice caused your child's birth injury or birth defect, consult a lawyer for birth defects immediately. In some states, you are given one year to file a lawsuit against medical malpractice. If you wait longer and you don't, your child will never get the justice they deserve.

Statute of Limitations

A statute of limitations is a law that defines the deadline for when a person is allowed to file a civil action. If a person fails to meet an expiration date will lose the right to sue a defendant for damages. Birth injury cases can 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 a patient's injuries during labor and delivery. These cases are commonly called birthing injuries lawsuits or wrongful birth suits though Florida's laws allow parents to make a claim for medical malpractice to bring a child's death.

To prove medical malpractice, the injured party will need to show that the doctor responsible did not follow the standard of care and consideration expected by another health care provider in similar circumstances. This includes not being able to identify a serious illness, such as low oxygen levels during childbirth which can cause cerebral palsy and brain damage.

Contacting a qualified attorney is the first step towards filing a lawsuit for birth defects. A majority of attorneys offer free consultations to prospective clients. If the attorney believes that a client has a valid case, they will examine medical records and appoint experts to examine the case. They will also assist in preparing documents and file the medical malpractice lawsuit within time.

Expert Witnesses

In the case of a birth injury, it is important to have experts who can explain medical practices and procedures before a jury. Expert witnesses can be difficult since they have to scrutinize a vast amount of data to be able make decisions that are based on evidence rather than opinions. They should also be prepared to testify on facts which may contradict their position.

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

The Daubert ruling was a setback to the plaintiffs, who had suing pharmaceutical companies to obtain justice. There are various ways in which an injured person could 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 assist victims determine if they're eligible to file a lawsuit as an individual or a class action. In certain instances lawyers may be able to file a birth injury lawsuit as part of multidistrict litigation (MDL). To begin by filling out the form on this page for an unreserved and confidential consultation with a licensed lawyer.

Representation

Although the advancements in technology and advances in the field of medicine have drastically reduced the chance of complications during childbirth and pregnancy but they aren't completely eliminated. If a birth defect, or injury occurs, and the cause was preventable parents can seek legal action to cover the costs associated with treatment.

Medical negligence claims often stem from a doctor's failure to recognize or treat a problem. A physician may not perform an ultrasound or make a mistake during surgery, leading to birth defects such as spina bifida. Birth defects can be caused by a wrong medication that is taken by the mother or exposure to chemicals or other environmental hazards during the baby's development in the womb.

A birth defect law firm defect can affect any part of a newborn's body, and affect their health, functioning and appearance. In certain instances birth defects can dramatically reduce a child's lifespan or result in an enormous amount of medical expenses.

Contact an attorney for birth defects today if you believe that your child's birth defect or birth injury was the result of medical negligence or mistakes during labor or pregnancy. A lawyer can assist you to discover your options and make a claim before the statute of limitations expires. A lawyer may also be capable of negotiating settlements on your behalf with the responsible parties for your infant's injury.