How to File a Birth Defect Lawsuit

Modern medical and technological advances have significantly reduced the risk of childbirth. However, birth defects or injury still occurs frequently.

A birth defect lawsuit seeks to compensate your child for medical expenses, education costs and other damages. You must prove that the medical professional in question breached the standard of care during or before pregnancy or delivery.

Damages

Pregnancy is among the most exciting and nerve-wracking times in a parent's life. Parents want their children to be perfect, and doctors attempt to do everything possible 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 happens an astonished family ought to consider pursuing justice through a birth defect lawsuit.

A successful birth defect lawsuit could result in damages for a variety of different things. This includes suffering and pain for the victim as well as loss of consortium, medical costs, as well as loss of earning capacity. The amount of damages a victim receives will depend on the severity of their child's condition and the extent to which it has interfered with their quality of life.

Birth injuries and birth defects can be caused by a number of factors such as environmental exposures. Studies have shown that certain chemicals, like fungicides, pesticides 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 harmful chemicals, and against pharmaceutical companies that have produced medications that can cause birth defects in fetuses such as DES.

If you suspect that medical error caused the birth injury or birth defect, you must consult a lawyer for birth defects immediately. In some states, you have only one year to file a lawsuit claiming medical malpractice. If you wait longer and you don't, your child won't get the justice they deserve.

Statute of limitations

A statute of limitations is a law that determines the deadline for when a person is allowed to file a civil action. If a claimant fails to file by the deadline, they will lose their right to seek damages from the defendant. Birth injury cases can have more complex statutes of limitations than other types of medical malpractice cases.

A lawsuit is typically filed against the doctor or hospital who caused the patient's injuries during labor and delivery. These cases are often called birthing injuries lawsuits or wrongful birth suits however Florida's laws permit parents to pursue a medical malpractice suit in the event of a baby's death.

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 another health care provider would have used in similar circumstances. This includes failing diagnose a serious illness, such as low oxygen levels during childbirth which could lead to cerebral palsy and brain damage.

Contacting a qualified attorney is the first step in filing a lawsuit for birth defects. Many attorneys provide free consultations and case reviews to potential clients. If the attorney believes that a client has a valid claim they will review medical records and hire expert witnesses to assess the case. They will also assist in preparing documents and file the medical malpractice lawsuit within the timeframe.

Expert Witnesses

In a case that involves birth injuries, it's essential to have medical experts who are able to explain to jurors the medical practices and procedures. However, expert witnesses aren't easy to work with as they have to carefully review huge amounts of information and be able to make decisions based on the facts rather than their opinions. They must also be willing to testify about facts that might conflict with their opinions.

In the Daubert case the plaintiffs' experts argued that Bendectin was the cause of their child's birth defects. The judge concluded that the evidence was at the "cutting edge of research in science, where fact meets theory and the certainty transforms into probabilities." However the judge did believe there was enough evidence to prove that Bendectin doubled a baby's chance of developing birth defects.

The Daubert ruling was a setback for plaintiffs, who had filed a lawsuit against pharmaceutical companies to get justice. But there are various ways in which an injured person can pursue a lawsuit for birth defects.

A Philadelphia birth defect lawyer can assist those suffering from birth defects to determine if they have a case. Lawyers can determine if a plaintiff is eligible to pursue a lawsuit by themselves or as part of a class action. In certain situations a lawyer may file a birth injury lawsuit as part of multidistrict lawsuit (MDL). To get started complete the form here for an unreserved and confidential consultation with a reputable attorney.

Representation

Modern technology and recent advances in medicine may have decreased the risk of complications that can occur during childbirth and pregnancy, but they're not completely eliminated. If a birth defect injury occurs and the cause was preventable, parents can pursue legal action to pay for the costs related to treatment.

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

A birth defect may affect any part of the newborn's body, affecting their health, appearance and functioning. In some cases birth defects can drastically reduce a baby's life expectancy or result in a significant amount of medical expenses.

Contact an attorney for birth defects today if you believe that the birth defect or injury was caused by medical negligence or carelessness during labor or birth defect lawsuits. A lawyer can help you discover your options and make a claim prior to the statute of limitations runs out. A lawyer can also negotiate an agreement with the responsible parties for the harm to your child.