How to File a Birth Defect Lawsuit

Modern technology and advancements in medicine have dramatically reduced the risks associated with birth. Birth defects or injuries continue to occur often.

A birth defect lawsuit seeks reimbursement for your child's medical expenses as well as educational costs and other losses. You must prove that the medical professional you are suing has violated the standard medical care prior to or during the birth or during pregnancy.

Damages

Pregnancy can be one of the most exciting but nerve-wracking moments in the life of a parent. Parents want their babies to be perfect and doctors do their best to prevent birth defects. Unfortunately, negligence and carelessness on the part of medical professionals can increase the risk of birth defects and injuries. A family who is shocked by this circumstance should think about the possibility of suing over a birth defect.

A successful birth defect lawsuit could result in damages for many different things. This can include pain and suffering for the victim as well as loss of consortium, medical expenses, not to mention lost earning capacity. The amount of compensation the victim will receive is contingent on the severity of the child's medical condition, and how much it has affected their quality of life.

Birth injuries and birth defects can be caused by a variety of causes such as exposure to environmental factors. Studies have proven that pesticides such as lead and fungicides and heavy metals, paints, and heavy metals, can increase the risk of birth defects. Birth defect lawyers have brought lawsuits against companies that exposed workers to these harmful chemicals, and against pharmaceutical companies that have made products that cause birth defects in fetuses, such as DES.

If you suspect medical malpractice caused the birth injury or birth defect, you should consult a lawyer for birth defects immediately. In certain states, you only have one year to file a medical malpractice lawsuit, and waiting more than that may mean losing the chance to receive the justice you deserve for your child's injury.

Statute of limitations

A statute of limitations is a law which establishes the deadline for someone to file a civil lawsuit. If a claimant fails to file by the deadline, they lose their right to recover damages from a defendant. Birth injury claims be more complex in terms of the time limit than other medical malpractice claims.

A lawsuit is usually filed against the medical professional or hospital that caused injuries to a patient during labor and delivery. These cases are commonly called birthing injury lawsuits or wrongful birth suits, however Florida's laws permit parents to file a medical malpractice suit for an infant's death.

In order to prove medical malpractice, the victim will need to show that the doctor responsible did not follow the level of care and consideration required by a different health medical professional in similar circumstances. This includes failing to recognize an illness that is serious like low levels of oxygen in the childbirth process that result in cerebral palsy and brain damage.

The first step to file a birth defect lawsuit is to contact an experienced attorney. A majority of attorneys offer free consultations to potential clients. If the lawyer believes that a client has a valid claim, they will examine medical records and appoint experts to evaluate the case. They will also assist with the preparation of documents and file the medical malpractice suit on time.

Expert Witnesses

In the case of a birth injury it is essential to have experts who can explain medical practices and procedures to a jury. However, expert witnesses aren't easy to work with since they must scrutinize huge amounts of evidence and make decisions based on evidence rather than opinions. They must also be willing to provide evidence on matters which may contradict their opinions.

In the Daubert Case the plaintiffs' expert claimed that Bendectin was responsible for the birth defect lawsuits defect of their child. The judge concluded that the evidence was on the "cutting edge of research in science, where fact is matched by theory, and certainty turns into probability." However the judge did not consider there was enough evidence to prove that Bendectin increased the chance of developing birth defects.

The Daubert decision was a blow to plaintiffs that had filed a lawsuit against pharmaceutical companies the hope of obtaining justice. There are many avenues for an injured person can pursue a lawsuit for birth defects.

A Philadelphia birth defect attorney can help victims determine whether they're eligible for a claim. Lawyers can determine if a plaintiff is eligible to file a lawsuit individually or as part of an action class. In certain instances lawyers can file a birth injury lawsuit as part of a multidistrict litigation (MDL). Fill out the form below to receive a confidential and free consultation with an attorney.

Representation

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

Medical negligence claims typically stem from a doctor's failure to properly diagnose or treat a condition. Physicians may fail to diagnose an ultrasound or make a mistake during surgery, leading to birth defects such as spina bifida. Other causes for a birth defect lawsuit are improper medication for the mother or exposure to chemicals or other environmental hazards when the baby develops in the womb.

A birth defect can affect any part of a newborn's body. It can affect their health, functioning and appearance. In certain instances the birth defect could significantly diminish a baby's life expectancy or lead to a significant amount of medical costs.

If you suspect your child's birth defect or injury was the result of medical malpractice or negligent care during labor or birth consult a certified birth defect attorney today. A lawyer can explain your options and assist you make a claim before the statute of limitations expiring. A lawyer may also be competent to negotiate a settlement on your behalf with the parties accountable for your child's injuries.