How to File a Birth Defect Lawsuit

Modern medicine and technology have greatly reduced the risk of childbirth. Birth defects or injuries continue to occur often.

A birth defect lawsuit seeks reimbursement for your child's medical expenses education costs, as well as other expenses. You must prove that the medical professional in question has violated the standard medical care during or before pregnancy or delivery.

Damages

Pregnancy is one of the most exciting and stressful experiences a parent can experience. Parents want their children to be perfect and doctors do everything they can to avoid birth defects. Medical negligence and carelessness can increase the risk for birth defects and injuries. A family that is shocked by this situation should consider suing for a birth defect.

A successful birth defect suit could result in damages for a variety of different things. This includes pain and suffering for the victim as well as loss of consortium and medical expenses, as well as lost earning capacity. The amount of damages that a victim will receive depends on the severity of the child's medical condition, and how much it has affected their quality of living.

Birth injuries and birth defects can be caused by a variety of factors, including exposure to environmental factors. Studies have shown that pesticides like fungicides and lead as well as heavy metals, paints, and heavy metals, can increase the risk of birth defects. Birth defect lawyers have filed suits against companies that exposed workers to these hazardous chemicals, as well as against pharmaceutical companies that have produced drugs that could cause birth defects in fetuses like DES.

If you suspect medical malpractice caused the birth injury of your child or birth defect, seek out a birth defect lawyer immediately. In certain states, there's only one year to file a medical malpractice suit, and waiting longer than that could mean losing your chance of getting the justice you need for your child's injuries.

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. Anyone who fails to meet a deadline loses the right to pursue a defendant for damages. Birth injury cases could have more complicated statutes of limitations than other types of medical malpractice claims.

A lawsuit is typically filed against the hospital or doctor that caused injuries to a patient during labor and birth. These cases can be called birthing injury lawsuits or wrongful birth lawsuits, however Florida's laws allow parents to file a malpractice suit for the death of a baby.

In a medical malpractice case the injured party must prove that the doctor at fault failed to adhere to the expected level of care and consideration that any other medical professional 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 against birth defects. The majority of lawyers offer free consultations and case reviews to prospective clients. If an attorney believes a client's claim is valid, they will review the medical records of the client and hire experts to analyze the evidence. They will also assist in preparing 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 procedures and practices before a jury. Expert witnesses can be difficult as they have to scrutinize a large amount of information to be able make decisions based on fact rather than opinions. They should also be prepared to testify on evidence that may conflict with their beliefs.

In the Daubert Case the plaintiffs' expert believed that Bendectin is the reason for the birth defect in their child. The judge concluded that the evidence was "at the cutting-edge 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 a blow to plaintiffs that had filed a lawsuit against pharmaceutical companies an attempt to get justice. But there are numerous avenues that an injured person could pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer will assist the victims to determine if they have a case. Lawyers can determine if the plaintiff is able to file a suit on their own or as part of a class action. In some cases lawyers may be able to bring a birth injury lawsuit in the context of multidistrict litigation (MDL). Complete the form below to get 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're not completely eliminated. If a birth defect, or injury occurs, and the cause was preventable, parents can seek legal action to pay for the costs associated with treatment.

Medical negligence claims are usually based on a doctor's failure diagnose or treat a condition. A physician may fail to diagnose an ultrasound or make a mistake in surgery, leading to birth defects, 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 while the baby is growing in the womb.

A birth defect could affect any part of the newborn's body, affecting their appearance, health, and function. In certain cases birth defects can decrease the lifespan of a baby or result in significant medical costs.

If you think the birth defect law firm defect or injury is the result of negligence or medical malpractice during labor or birth consult a certified birth defect lawyer today. A lawyer can assist you determine your options and make a claim before the time limit expires. A lawyer may also be able to negotiate the settlement on your behalf with the parties responsible for your child's injuries.