How to File a Birth Defect Lawsuit

Modern medical and technological advances have significantly reduced the risk of childbirth. However, birth defects or injury can still happen frequently.

A birth defect lawsuit seeks reimbursement for your child's medical expenses or educational costs, among other expenses. To pursue such a claim, you need to prove that medical professionals breached the standard of care prior to or during pregnancy or the birdsboro birth defect lawsuit of your child.

Damages

Pregnancy is one of the most exciting and stressful times in a parent's life. Parents want their babies to be perfect, and doctors try to do all they can to stop birth defects from happening. Medical negligence and carelessness could increase the risk for birth defects and injuries. In the event of this happening, a stunned family may want to seek justice through a birth defect lawsuit.

A successful birth defect lawsuit may result in damages for a number of different things. These include a victim's suffering and suffering and loss of consortium, medical expenses and lost earning capacity. The amount of damages a victim will receive will depend on the severity of their child's medical condition and the extent to which it has affected with their life quality.

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

If you suspect that your child's birth defect or birth injury is the result of medical malpractice, you should seek out a skilled birth defect lawyer as soon as possible. In some states, there's only one year to file a medical negligence suit, and waiting any longer than that may mean losing the chance to receive the justice you need for your child's injuries.

Statute of Limitations

A statute of limitations is a law that determines the time frame for which a person has to file a civil suit. If a person misses the deadline, they lose the right to claim damages from a defendant. Birth injury claims may be more complex in terms of the statute of limitations than other medical malpractice claims.

A lawsuit is usually brought against the doctor or hospital that caused an injury to a patient during labor and birth. These types of cases are typically called birthing injuries lawsuits or wrongful birth suits, however, Florida's laws permit parents to bring a medical malpractice lawsuit for an infant's death.

To prove medical malpractice, the victim must prove that the doctor at fault was not able to meet the level of care and consideration expected by another health healthcare provider in similar situations. This includes failing in diagnosing an illness of serious severity like low levels of oxygen during childbirth that cause cerebral palsy or brain damage.

The first step to file a birth defect lawsuit is to contact a skilled attorney. Many attorneys provide free consultations for potential clients. If an attorney is convinced that the claim of a client is valid they will examine the medical documents of the client and hire experts to assess the claims. They will also help prepare documents and file the medical malpractice suit on time.

Expert Witnesses

In a case involving a birth injury it is essential to have experts who can explain medical practices and procedures to a jury. Expert witnesses can be difficult to testify because they have to scrutinize a vast amount of data to be able make decisions based on fact rather than opinion. They should also be prepared to testify about facts that might contradict their opinion.

In the Daubert case, the plaintiffs' experts argued that Bendectin had caused birth defects in their child. 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 not consider there was enough proof that Bendectin increased the chance of developing birth defects.

The Daubert decision was an affront to plaintiffs who had filed lawsuits against pharmaceutical companies in seeking justice. Nonetheless, there are still numerous avenues that an injured person could pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer can help victims determine whether they are a victim. A lawyer can determine whether a plaintiff is eligible to file a lawsuit on their own or as part of a class action. In some cases lawyers can file a lawsuit for birth injury as part of a multidistrict litigation. Please fill out the form below to get a confidential and free consultation with an attorney.

Representation

While modern technology and recent advances in the field of medicine have drastically reduced the chance of complications during childbirth and pregnancy However, they aren't eliminated. Parents may pursue legal action if a birth defect or birth injury occurs, and the cause could have been prevented.

Medical negligence claims typically result from a doctor's inability to recognize or treat a condition. For example, a physician may fail to conduct an ultrasound screening or make an error during surgery, which could result in a birth defect similar to spina bifida. Other causes for a birth defect lawsuit include insufficient medication for the mother or exposure to chemicals or other environmental hazards while the baby is developing in the womb.

A birth defect could affect any part of the newborn's body, affecting their health, appearance and functionality. In certain cases, birth defects can reduce a baby's lifespan or cause significant medical costs.

If you suspect that your child's birth defect or injury is the result of negligence or medical malpractice during labor birth defect lawsuit or pregnancy get in touch with a reputable birth defect lawyer today. A lawyer can help discover your options and make a claim prior to the deadline for filing a claim expires. A lawyer can also negotiate a settlement with the responsible parties for the injuries suffered by your child.