How to File a Birth Defect Lawsuit

Modern medical technology and medicine have drastically reduced the risks of childbirth. Birth defects or injuries occur frequently.

A birth defect lawsuit seeks compensation for your child's medical expenses, educational costs, and other losses. You must prove that the medical professional in question breached the standard of care during or before the birth or delivery.

Damages

Pregnancy is among the most exciting and nerve-wracking times in a parent's life. Parents want their children to be perfect, and doctors strive to do their best to prevent birth defects from occurring. Inattention to medical issues and negligence can increase the risk of birth defects and injuries. In the event of this happening, a stunned family ought to consider pursuing justice through a birth defect lawsuit.

A successful birth defect lawsuit could result in damages for a number of different things. This can include pain and suffering for the victim, loss of consortium and medical costs, as well as lost earning capacity. The amount of damages a person suffers will depend on the severity of their child's condition and the extent that it has affected with their quality of life.

Birth defects and birth injuries can be caused by a number of factors that include environmental exposures. Studies have revealed that certain chemicals, like pesticides, fungicides, lead, paints and heavy metals may increase the risk of birth defects. Birth defect lawyers have brought suits against companies that exposed workers to toxic chemicals, as well against pharmaceutical companies that have produced medications that can cause birth defects in fetuses, such as DES.

If you suspect medical malpractice caused the birth injury or birth defect, you must seek out a birth defect lawyer immediately. In certain states, there is only one year to file a medical negligence suit, and waiting any longer than that can mean losing the chance to receive the justice you have earned for your child's injury.

Statute of limitations

A statute of limitations is a law which defines the time limit for a person to file a civil suit. If a person misses the deadline, they lose the right to collect damages from a defendant. Birth injury cases could have more complex statutes of limitations than other kinds of medical malpractice claims.

A lawsuit is typically filed against the hospital or doctor who caused injury to the patient during labor and delivery. These cases are sometimes referred to as birthing injury suits or wrongful birth lawsuits although Florida's laws permit parents to file a malpractice lawsuit for the death of an infant.

In a lawsuit for medical malpractice the injured party must prove the at-fault doctor failed to adhere to the standards of care and consideration another medical professional would have used in similar circumstances. This includes failing to recognize an illness of serious severity, such as low levels of oxygen in the childbirth process that can cause cerebral palsy and brain damage.

The first step to file a birth defect lawsuit is to reach a skilled attorney. The majority of lawyers offer free consultations to prospective clients. If the attorney believes a client has a valid claim, they will review medical records and employ experts to evaluate the evidence. They will also assist in preparing documents and file the medical malpractice lawsuit in time.

Expert Witnesses

In a case which involves birth injuries, it is essential to have medical experts that can explain to a jury the medical procedures and practices. Expert witnesses can be difficult because they must carefully examine a large amount of information to be able make decisions that are based on evidence rather than opinions. They should also be able to testify on facts that could contradict their opinion.

In the Daubert Case the plaintiffs' expert suggested that Bendectin is the reason for the birth defect in their child. The judge ruled that the evidence was at the "cutting edge of scientific research, where fact meets theory and certainty dissolves into probabilities." However, the judge did not believe there was sufficient proof that Bendectin doubled the chances of developing birth defects.

The Daubert decision was a setback to plaintiffs who had filed suit against pharmaceutical companies in an effort to obtain justice. However, there are numerous avenues that an injured person could pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer can assist victims about whether they have a claim. A lawyer can decide if a plaintiff is eligible to file a suit on their own or as part of a class action. In certain cases an attorney may be able to file a lawsuit for birth injury as part a multidistrict lawsuit. To get started complete the form on this page to request a an initial consultation for free and confidential with a licensed lawyer.

Representation

Modern technology and recent advancements in the field of medicine could have decreased the risk of complications occurring during pregnancy and childbirth but they're still not completely eliminated. If a birth defect or injury occurs, and the cause is preventable, Birth defect lawsuit parents may pursue legal action to cover the costs associated with treatment.

Medical negligence claims usually result from a doctor's inability to recognize or treat a condition. A physician may fail to conduct an ultrasound or make a mistake during surgery, resulting in a birth defect such as spina bifida. Other causes for 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 the body of a baby and affect their health, functioning and appearance. In certain cases birth defects can shorten the life span of a child or trigger substantial medical expenses.

Contact a birth defect lawyer now if you believe your child's birth injury or defect was the result of medical negligence or carelessness during labor or birth. A lawyer can help explain your options and help you make a claim before the deadline for filing. A lawyer can also negotiate a settlement with the parties responsible for the injury suffered by your infant.