How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have greatly reduced the risks associated with the birth of a child. Birth defects or injuries occur often.

A birth defect lawsuit seeks reimbursement for medical expenses of your child as well as educational costs and other losses. You must prove that the medical professional who was involved violated the standard care prior to or during the pregnancy or birth.

Damages

Pregnancy can be one of the most exciting yet nerve-wracking events during the lifetime of a parent. Parents want their babies to be perfect, and doctors try to do all they can to prevent birth defects from happening. Inattention to medical issues and negligence can increase the risk for birth defects and injuries. A family that is shocked by this incident should think about seeking legal action for a birth defect.

A successful birth defect lawsuit could result in damages for a multitude of different things. These include a victim's pain and suffering and loss of consortium, medical expenses and lost earning capacity. The amount of compensation a victim will receive depends on the degree of the child's health and how it has affected their standard of living.

Environmental exposures can cause birth injuries and birth defects. Research has shown that pesticides, including lead and fungicides, as well paints, heavy metals and heavy metals, could increase the risk of birth defects. Birth defect lawyers have brought suits against companies that exposed workers to harmful chemicals, and against pharmaceutical companies who have manufactured drugs that could cause birth defects in fetuses, such as DES.

If you think your child's birth defect, or birth injury is the result of medical negligence, you must seek out a skilled birth defect lawyer as quickly as you can. In certain states, you are given one year to file a lawsuit claiming medical malpractice. If you delay this could mean that your child will not receive the justice they deserve.

Statute of Limitations

A statute of limitations is a law that sets the deadline for filing an action in civil court. If a claimant fails to file by the deadline, they will lose the right to collect damages from the defendant. Birth injury cases may have more complex statutes of limitations than other types of medical malpractice claims.

A lawsuit is typically brought against the hospital or doctor who caused injury to the patient during labor and delivery. These cases are often called birthing injury suits or wrongful birth lawsuits, however Florida's laws permit parents to file a malpractice lawsuit in the event of the death of a child.

In order to prove medical malpractice, the party who suffered will need to show that the doctor responsible did not adhere to the level of care and consideration expected by another health healthcare provider in similar situations. This could include failing to recognize a serious condition 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 get in touch with an experienced attorney. Most attorneys offer free consultations and case reviews to potential clients. If an attorney is convinced that the client's claim is legitimate, they will review the medical documents of the client and employ experts to assess the claims. They can also assist in the preparation of documents and file the medical malpractice lawsuit within the timeframe.

Expert Witnesses

In the case of a birth injury it is essential to have experts who can explain medical practices and procedures to jurors. Expert witnesses can be difficult to testify because they have to carefully review the vast amount of information to make decisions based on facts, not opinions. Furthermore, they should be able to testify regarding information that might contradict their views.

In the Daubert case, the plaintiffs' experts suggested that Bendectin caused birth defects for their child. The judge ruled that the evidence was "at the forefront of research in science where fact meets theories and certainty transforms into probabilities." However the judge was not convinced there was sufficient evidence to prove that Bendectin caused birth defects.

The Daubert decision was an affront to plaintiffs who had filed lawsuits against pharmaceutical companies in an attempt to get justice. But there are numerous avenues that the injured party could pursue a lawsuit for birth defects.

A Philadelphia birth defect lawyer can help victims on whether they're eligible for claims. A lawyer can determine whether the plaintiff is able to pursue a lawsuit by themselves or as part of an action class. In some cases lawyers can file a birth injury lawsuit as part of multidistrict litigation (MDL). Fill out the form for a confidential and free consultation with an attorney.

Representation

Modern technology and recent advancements in medical technology may have decreased the chance of complications arising during pregnancy and childbirth but they are not completely eliminated. Parents may pursue legal action if a birth injury or defect occurs, and the reason could have been avoided.

Medical negligence claims tend to be due to a doctor's failure to diagnose or treat a condition. A doctor may fail to conduct an ultrasound or make a mistake during surgery, leading to a birth defect such as spina bifida. Other causes that can lead to birth defect lawsuits include improper medication for the mother or exposure to chemicals or other environmental dangers while the baby is growing in the womb.

A birth defect can affect any part of the newborn's body, affecting their health, appearance and functionality. In certain instances the birth defect could severely reduce a baby's lifespan or result in a significant amount of medical costs.

Contact a birth defect lawyer today if you suspect that your child's birth defect or injury was the result of medical negligence or carelessness during labor or birth. A lawyer can help you discover your options and make a claim prior to the statute of limitations expires. A lawyer can also negotiate a settlement with the parties accountable for the injury of your child.