How to File a Birth Defect Lawsuit

Modern technology and Vimeo advances in medicine have greatly reduced the risk of birth. Birth defects or injuries continue to occur often.

A birth defect lawsuit seeks to compensate your child for medical expenses, Vimeo educational costs, and other losses. You must prove that the medical professional in question did not follow the standard of care during or before the birth or during pregnancy.

Damages

Pregnancy is among the most exciting and stressful experiences a parent can experience. Parents want their babies to be perfect and doctors do their best to avoid birth defects. Unfortunately, carelessness and negligence on the part of medical practitioners can increase the risk of birth injuries and defects. When this occurs the family of the victim ought to consider pursuing justice through a birth defect lawsuit.

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

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

If you suspect that medical malpractice caused your child's birth injury or birth defect, consult a birth defect lawyer immediately. In some states, you only have one year to file a medical negligence suit, and waiting any longer than that could result in losing your chance to obtain the justice you need for your child's injuries.

Statute of Limitations

A statute of limitations is a law that defines the deadline for when a person is allowed to file a civil claim. If someone misses the deadline, they lose the right to collect damages from a defendant. Birth injury claims may be more complex in terms of the time limit than other medical malpractice claims.

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

In order to prove medical malpractice, the victim must prove that the doctor who was at fault didn't adhere to the standards of care and consideration expected by another health healthcare provider in similar situations. This includes failing in diagnosing a serious illness like low oxygen levels during childbirth that result in cerebral palsy or brain damage.

The first step in filing a birth defect lawsuit is to reach a skilled attorney. Many attorneys provide free consultations for potential clients. If the attorney believes a client has a valid claim, they will look over medical records and hire expert witnesses to assess them. They will also help prepare documents and file the medical malpractice lawsuit on time.

Expert Witnesses

In a case with birth injuries, it is crucial to have medical experts who are able to provide a jury with the medical procedures and practices. Expert witnesses can be difficult since they must carefully examine a vast amount of data to be able to make decisions based on fact rather than opinions. They should also be able to testify about facts that may conflict with their position.

In the Daubert Case, the plaintiffs' expert suggested that Bendectin caused the birth defect of their child. The judge ruled that the evidence was at the "cutting edge of scientific research, where evidence meets theory, and certainty transforms into probability." However the judge did not believe that there was sufficient evidence that Bendectin doubled a baby's chance of developing birth defects.

The Daubert ruling was a setback to the plaintiffs, who had suing pharmaceutical companies in order to achieve justice. However, there are various ways in which an injured party may pursue a birth defect lawsuit.

A Philadelphia birth defect attorney can assist victims in determining if they have a case. Lawyers can determine if the plaintiff is eligible to pursue a lawsuit by themselves or as part of a class action. In certain instances a lawyer may make a birth injury claim as part of multidistrict lawsuit (MDL). Fill out the form below to receive a private and free consultation with an attorney.

Representation

Although the advancements in technology and developments in the field of medicine have significantly reduced the risk of complications during pregnancy and childbirth but they aren't completely eliminated. When a birth defect or injury occurs and the cause is preventable, parents can pursue legal action to recover the costs associated with treatment.

Medical negligence claims typically result from a doctor's inability to identify or treat a condition. Physicians may fail to diagnose an ultrasound or make a mistake during surgery, resulting in birth defects such as spina bifida. Other common causes of a birth defect lawsuit are inadequate medication for the mother or exposure to chemicals or other environmental hazards when the baby is growing in the womb.

A birth defect can affect any part of a newborn's body. It can affect their health, functioning and appearance. In some cases the birth defect could severely reduce a baby's life expectancy or result in an enormous amount of medical expenses.

Contact an attorney for birth defects now if you believe your child's birth defect or Vimeo injury was caused by medical negligence or carelessness during labor or birth. A lawyer can assist you identify your options and make a claim prior to the time limit expires. A lawyer can also negotiate a settlement with the parties accountable for the harm to your infant.