How to File a Birth Defect Lawsuit

Modern medical technology and medicine have drastically reduced the risks of childbirth. But, a birth defect or injury still happens frequently.

A birth defect lawsuit seeks to pay your child's medical expenses, educational costs, and other losses. To be able to file claims, you must demonstrate that a medical professional violated the standard of care prior to or during pregnancy, or during the delivery.

Damages

Pregnancy can be one of the most exciting yet nerve-wracking times during the lifetime of a parent. Parents want their babies perfect, and doctors do everything possible to prevent birth defects. Medical negligence and carelessness could increase the risk for birth defects and injuries. Families who are shocked by this incident should think about taking legal action to remedy a birth defect.

A successful birth defect lawsuit can result in damages for many different things. This includes the victim's pain and suffering and loss of consortium, medical expenses, and loss of earning capacity. The amount of damages the victim will receive is contingent on the degree of the child's health and how it has affected their standard of life.

Environmental exposures can result in birth injuries and birth defect lawsuits defects. Research has shown that certain chemicals, like pesticides, fungicides and lead, as well paints and heavy metals can increase the likelihood of birth defects. Birth defect lawyers have filed suits against businesses that have exposed workers to harmful chemicals, and also against pharmaceutical companies that have developed products that cause birth defects in fetuses, like DES.

If you suspect that medical error caused the birth injury or birth defect, it is recommended to consult a lawyer for birth defects immediately. In some states, you have only one year to file a suit for medical malpractice. If you wait longer it could mean that your child won't get the justice they deserve.

Statute of Limitations

A statute of limitations is a law that establishes how long a person has to file a civil claim. If someone misses the deadline, they 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 that caused a patient's injuries during labor and delivery. These cases can be called birthing injury suits or wrongful birth lawsuits, however Florida's laws allow parents to file a malpractice suit for the death of a baby.

In a case of medical malpractice the plaintiff must prove the at-fault doctor was not adhering to the expected level of care and consideration that another health care provider would have followed in similar circumstances. This includes failing diagnose a serious illness, such as low oxygen levels in childbirth that can cause cerebral palsy and brain damage.

The first step in filing a birth defect lawsuit is to contact a skilled attorney. A majority of attorneys offer free consultations and reviews of cases to potential clients. If the lawyer believes that a client has a valid case, they will examine medical records and engage experts to examine them. They will also assist in preparing documents and file the medical malpractice suit within time.

Expert Witnesses

In the case of a birth injury, birth defect lawyers it is important to have experts who can explain medical practices and procedures to a jury. Expert witnesses can be difficult to work with because they must scrutinize huge quantities of information and make decisions based upon facts rather than opinions. They must also be willing to testify on evidence that might contradict their opinion.

In the Daubert case, the plaintiffs' experts argued that Bendectin contributed to their child's birth defects. The judge concluded that the evidence was at the "cutting edge of scientific research, where fact meets theory, and certainty transforms into probability." However the judge did believe that there was sufficient evidence that Bendectin increased the chance of developing birth defects.

The Daubert ruling was a setback for plaintiffs, who had filed a lawsuit against pharmaceutical companies to get justice. But there are numerous avenues that an injured party may pursue a lawsuit for birth defects.

A Philadelphia birth defect lawyer can help victims determine whether they have a case. A lawyer can assist clients determine if they're eligible to file a personal lawsuit or a class action. In some instances attorneys can make a claim for birth injury as part of multidistrict litigation. To begin you must fill out the form below for a the opportunity to have a no-cost and confidential consultation with a qualified lawyer.

Representation

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

Medical negligence claims are often based on a doctor's failure diagnose or treat an illness. 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 causes for a birth defect lawsuit are an ineffective medication for the mother or exposure to chemicals or other environmental hazards while the baby is growing in the womb.

A birth defect can affect any part of a newborn's body and impact their health, function and appearance. In certain cases birth defects may reduce a baby's lifespan or cause substantial medical expenses.

If you think your child's birth defect or injury is the result of negligence or medical malpractice during pregnancy or labor consult a certified birth defect lawyer today. A lawyer can help understand your options and submit a claim before the statute of limitations expires. A lawyer may also be able to negotiate the settlement on your behalf with the responsible parties for your infant's injury.