How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have drastically reduced the risks associated with birth. But, a birth defect or injury can still happen frequently.

A birth defect lawsuit seeks compensation for medical expenses of your child or educational costs, among other losses. To be able to file a claim, you must prove that medical professionals violated the standard of medical care prior to pregnancy or during the delivery.

Damages

Pregnancy can be one of the most exciting but nerve-wracking moments in the life of a parent. Parents want their children to be perfect, and doctors work to do their best to stop birth defects from occurring. Unfortunately, carelessness and negligence on the part of medical professionals can increase the chance of birth injuries and birth defects. In the event of this happening families that are shocked 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 can include the pain and suffering as well as loss of consortium, medical expenses and lost earning capacity. The amount of damages that the victim will be awarded is contingent on the severity of the child's condition and how much it has affected their standard of living.

Birth injuries and birth defects can be caused by a number of factors, including exposure to environmental factors. Studies have shown that certain chemicals like fungicides, pesticides and lead, as well heavy metals and paints can increase the chances of birth defects. Birth defect lawyers have filed lawsuits against companies that have 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 believe that your child's birth defect or birth injury was caused by medical malpractice, you should speak with a skilled birth defect lawyer as quickly as possible. In certain states, you have only one year to file a medical negligence lawsuit, and waiting more than that could result in losing the chance to receive the justice you are due for the injury your child sustained.

Statute of limitations

A statute of limitations is a law which defines the deadline for when a person is allowed to file a civil suit. If a claimant fails to file by the deadline, they will lose the right to claim damages from the defendant. Birth injury cases can be more complex in terms of the statute of limitations than other medical malpractice claims.

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

To prove medical negligence, the person who was injured must prove that the doctor at fault did not adhere to the standard of care or consideration required by a different health medical professional in similar circumstances. This includes failing in diagnosing an illness of serious severity, such as low levels of oxygen during childbirth which can cause cerebral palsy and brain damage.

The first step in filing a birth defect lawsuit is to get in touch with an experienced attorney. Many attorneys provide free consultations for potential clients. If the lawyer believes that a client has a valid claim, they will examine medical records and hire experts to evaluate the evidence. They will also assist in preparing documents and file the medical malpractice lawsuit within time.

Expert Witnesses

In a case which involves birth injuries, it's essential to have medical experts who are able to explain to a jury the medical practices and procedures. Expert witnesses can be difficult since they have to scrutinize an extensive amount of information to be able make decisions in accordance with facts rather than opinions. Additionally, they must be willing to testify on facts that might conflict with their opinions.

In the Daubert case, the plaintiffs' experts suggested that Bendectin had caused their child's birth defects. The judge found that the evidence was on the "cutting edge of research in science, where reality is matched by theory, and certainty turns into probability." However the judge did believe there was sufficient evidence that Bendectin doubled the chances of developing birth defects.

The Daubert decision was a blow to plaintiffs that had filed a lawsuit against pharmaceutical companies an attempt to get justice. However, there are various ways in which an injured person could pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer can advise victims on whether they have an opportunity to file a claim. Lawyers can assist victims determine if they're qualified to file an individual lawsuit or a class action. In some instances, an attorney can file a lawsuit for birth injuries as part a multidistrict lawsuit. To start you must fill out the form on this page to request a an unreserved and confidential consultation with a professional lawyer.

Representation

Although the advancements in technology and developments in the field of medicine have significantly reduced the risk of complications during childbirth and pregnancy however, they are not completely eliminated. When a birth defect or injury occurs, and the cause was preventable, parents can pursue legal action to recover the costs associated with treatment.

Medical negligence cases typically result from a doctor's inability to identify or treat a condition. For example, a physician may fail to conduct an ultrasound screening or make mistakes during surgery, resulting 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 hazards when the baby is developing in the womb.

A birth defect can affect any part of the body of a baby and impact their health, function and appearance. In certain instances, a birth defect can drastically reduce a baby's life expectancy or lead to significant medical expenses.

If you believe your child's birth defect or injury was due to medical malpractice or negligent care during pregnancy or labor seek out a qualified birth defect lawyer today. A lawyer can help identify your options and submit a claim before the time limit expires. A lawyer can also negotiate an agreement with the parties accountable for the injuries suffered by your child.