How to File a Birth Defect Lawsuit

Modern technology and medicine have dramatically decreased the risks of childbirth. Birth defects or injuries continue to occur often.

A birth defect lawsuit seeks reimbursement for medical expenses of your child education costs, as well as other expenses. To be able to file a claim, you must establish that medical professionals breached the standard of care before or during pregnancy or during the delivery.

Damages

Pregnancy is among the most exciting and nerve-wracking moments in the life of a mother. Parents want their children to be perfect, and doctors attempt to do their best to prevent birth defects from happening. Unfortunately, negligence and carelessness on the part of medical practitioners can increase the risk of birth defect lawsuits defects and injuries. In the event of this happening the family of the victim may want to seek justice through a birth defect lawsuit.

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

Environmental exposures can lead to birth defects and birth injuries. Studies have revealed that certain chemicals, like pesticides, fungicides lead, heavy metals and paints can increase the chance of birth defects. Birth defect lawyers have filed lawsuits against companies that exposed employees to harmful chemicals and pharmaceutical companies that manufacture drugs like DES that can cause birth defects in fetuses.

If you think your child's birth defect, or birth injury is the result of medical malpractice, it is important to consult a reputable birth defect lawsuits defect lawyer as soon as you can. In some states, you are given one year to file a lawsuit against medical malpractice. If you delay, it could mean that your child will never receive the justice they deserve.

Statute of limitations

A statute of limitations is a law that establishes the deadline for filing a civil lawsuit. Anyone who fails to meet a deadline loses the right to seek damages from a defendant. Birth injury claims may have a more complicated statute of limitations than other medical malpractice claims.

A lawsuit is typically filed against the doctor or the hospital that caused injuries to a patient during labor and birth. These types of cases are typically known as birthing injury lawsuits or wrongful birth suits though Florida's laws allow parents to file a medical malpractice suit for an infant's death.

In a medical malpractice lawsuit the plaintiff must prove the at-fault doctor did not adhere to the standards of care and consideration any other medical professional would have used in similar circumstances. This includes not being able to identify a serious illness 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 speak with an experienced attorney. A majority of attorneys offer free consultations for potential clients. If the lawyer believes that a client has a valid claim they will look over medical records and hire experts to evaluate the evidence. They will also assist with the preparation of documents and file the medical malpractice lawsuit in time.

Expert Witnesses

In a case that involves birth injuries, it's essential to have medical experts who can explain to a jury the medical practices and procedures. Expert witnesses can be difficult as they have to carefully review the vast amount of information in order to make a decision in accordance with facts rather than opinion. Additionally, they must be prepared to testify about facts that could contradict their opinions.

In the Daubert case, the plaintiffs' experts suggested that Bendectin contributed to their child's birth defects. The judge concluded that the evidence was "at the cutting-edge of scientific research, where science meets theories and the certainty is transformed into probabilities." However he was not convinced there was enough proof that Bendectin caused birth defects.

The Daubert decision was a setback to plaintiffs who had sued pharmaceutical companies in the hope of obtaining justice. There are many avenues an injured person can pursue a lawsuit over a birth defect.

A Philadelphia birth defect lawyer can provide victims with advice about whether they have an opportunity to file a claim. A lawyer can assist plaintiffs determine whether they are qualified to file an individual lawsuit or a class action. In some cases attorneys can start a lawsuit for birth injuries as part of a multidistrict litigation. To get started complete the form below for a a free and confidential consultation with a qualified attorney.

Representation

Modern technology and recent advances in medical technology may have reduced the chance of complications arising during pregnancy and childbirth, however they're still not completely eliminated. Parents can pursue legal action if they suffer a birth defect or birth injury occurs, and the cause could have been prevented.

Medical negligence claims typically stem from a doctor's failure to identify or treat a problem. For example, a physician could neglect to perform an ultrasound exam or make mistakes during surgery, resulting in a birth defect, such as spina bifida. Other common causes of birth defect lawsuits include inadequate medication for the mother or exposure to chemicals or other environmental hazards as the baby develops in the womb.

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

If you suspect that your child's birth defect or injury was the result of negligence or medical malpractice during labor or pregnancy, contact a qualified birth defect lawyer today. A lawyer can assist you discover your options and make a claim before the time limit expires. A lawyer might also be in a position to negotiate a settlement on behalf of you with the parties responsible for your child's injuries.