How to File a Birth Defect Lawsuit

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

A birth defect lawsuit seeks reimbursement for medical expenses of your child as well as educational costs and other losses. To be able to pursue an action, you must establish that medical professionals breached the standard of care prior to or during pregnancy or during the delivery.

Damages

Pregnancy can be one of the most exciting, yet nerve-wracking times in the life of a parent. Parents want their children to be perfect, and doctors strive to do all they can to prevent birth defects from occurring. However, carelessness and negligence on the part of medical professionals can increase the chance of birth injuries and birth defects. When this happens families that are shocked might want to pursue justice via a birth defect lawsuit.

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

Birth injuries and birth defects can be caused by a variety of causes that include environmental exposures. Studies have revealed that certain chemicals such as pesticides, fungicides, lead, paints and heavy metals may increase the likelihood of birth defects. Birth defect lawyers have brought suits against companies that exposed workers to these harmful chemicals, and also against pharmaceutical companies who have manufactured products that cause birth defects in fetuses such as DES.

If you believe that your child's birth defect, or birth injury was caused by medical malpractice, you should seek out a skilled birth defect lawyer as soon as possible. In certain states, you have only one year to file a lawsuit claiming medical malpractice. If you wait and you don't, your child will never receive the justice they deserve.

Statute of Limitations

A statute of limitations is a law that defines the time limit for a person to file a civil lawsuit. If a person fails to meet the deadline, they lose the right to claim damages from the defendant. Birth injury claims may have a more complicated time limit than other medical malpractice claims.

A lawsuit is usually filed against the doctor or hospital who caused the patient's injuries during labor and birth. These cases are often referred to birthing injury suits or wrongful birth lawsuits however, Florida's laws allow parents to file a malpractice suit for the death of an infant.

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

The first step to file a birth defect lawsuit is to speak with a skilled attorney. Most attorneys offer free consultations to prospective clients. If the attorney believes a client has a valid claim they will look into medical records and employ experts to evaluate them. They will also assist with the preparation of documents and file the medical malpractice lawsuit in time.

Expert Witnesses

In a case involving birth injuries it is crucial to have experts who can explain medical practices and procedures to a jury. However, expert witnesses can be difficult to work with since they must scrutinize huge amounts of information and make decisions based on the facts rather than opinions. They must also be willing to testify about information that might contradict their views.

In the Daubert case, the plaintiffs' experts argued that Bendectin contributed to their child's birth defects. The judge ruled that the evidence was on the "cutting edge of scientific research, where fact is matched by theory, and certainty turns into probabilities." However the judge did believe there was sufficient proof that Bendectin doubled the chances of developing birth defects.

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

A Philadelphia birth defect lawyer can provide victims with advice about whether they are eligible for a claim. A lawyer can assist clients determine if they're eligible to file a lawsuit on their own or a class action. In certain instances a lawyer may file a birth injury lawsuit as part of a multidistrict litigation (MDL). Complete the form below for a confidential and free consultation with an attorney.

Representation

Modern technology and recent advancements in medicine may have reduced the risk of complications occurring during pregnancy and childbirth, but they're not completely eliminated. When a birth defect or injury occurs, and the cause was preventable parents may seek legal action to cover the costs associated with treatment.

Medical negligence claims tend to be result from a doctor's inability identify or treat an illness. For instance, a doctor may fail to conduct an ultrasound examination or make mistakes during surgery, which could result in a birth defect such as spina bifida. Other common causes of a birth defect lawsuit include insufficient 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 a newborn's body, and affect their health, functioning and appearance. In some cases, a birth defect can drastically reduce a baby's lifespan or result in an enormous amount of medical expenses.

If you believe the birth defect or injury was caused by medical malpractice or negligent care during labor or birth, contact a qualified birth defect lawyer today. A lawyer can assist you in understanding your options and assist you file a claim prior to the deadline for filing. A lawyer might also be able to negotiate the settlement on behalf of you with the responsible parties for your child's injuries.