How to File a Birth Defect Lawsuit

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

A birth defect lawsuit seeks to recover for your child's medical expenses, educational costs, and other expenses. To be able to file a claim, you must prove 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 events during the lifetime of a parent. Parents want their children to be perfect, and doctors do everything they can to prevent birth defects. However, carelessness and negligence on the part of medical practitioners can increase the risk of birth defects and injuries. A family who is shocked by this situation should consider suing for a birth defect.

A successful birth defect lawsuit may result in damages for a number of different things. This includes suffering and pain for the victim as well as loss of consortium, medical costs, as well as loss of earning capacity. The amount of damages the victim will be awarded is contingent on the degree of the child's health, and how much it has affected their standard of life.

Environmental exposures can result in birth injuries and birth defects. Studies have proven that pesticides, such as fungicides and lead and paints, heavy metals and heavy metals can increase the risk of birth defects. Birth defect lawyers have filed lawsuits against companies that exposed workers to these toxic chemicals, as well against pharmaceutical companies that have developed drugs that could cause birth defects in fetuses, like DES.

If you believe that your child's birth defect or birth injury was caused by medical malpractice, it is important to consult a skilled birth defect lawyer as soon as possible. In some states, you only have one year to file a medical negligence suit, and waiting longer than that can mean losing your chance to get the justice you are due for the injury your child sustained.

Statute of Limitations

A statute of limitations is a law that determines the time frame for which a person has to file a civil lawsuit. If a person misses the deadline, they lose their right to recover damages from a defendant. hewitt birth defect lawsuit injury cases may have more complex statutes of limitations than other kinds of medical malpractice claims.

A lawsuit is typically filed against the doctor or hospital that caused an injury to the patient during labor and birth. These cases are often referred to birthing injury lawsuits 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 injured party must prove the at-fault doctor failed to adhere to the standard of care and consideration that another medical professional would have utilized in similar circumstances. This includes failing in diagnosing an illness of serious severity such as low levels of oxygen in the childbirth process that result in brain damage and cerebral palsy.

Finding a reputable attorney is the first step to filing a lawsuit against birth defects. A majority of attorneys offer free consultations for potential clients. If an attorney believes the client's claim is legitimate they will go over the medical records of the client and employ experts to analyze the claims. They will also assist in preparing documents and filing the medical malpractice lawsuit in time.

Expert Witnesses

In a case involving bay harbor islands birth defect law firm injuries, it is important to have experts who can explain medical practices and procedures to jurors. Expert witnesses can be difficult because they have to scrutinize an extensive amount of information to be able make decisions that are based on evidence rather than opinions. They should also be prepared to testify on facts which may contradict their opinion.

In the Daubert case the plaintiffs' experts claimed that Bendectin was the cause of the birth defects of their child. The judge ruled that the evidence was "at the cutting-edge of scientific research, where evidence meets theories and certainty dissolves into probabilities." However the judge was not convinced there was enough proof that Bendectin caused birth defects.

The Daubert ruling was a setback to the plaintiffs, who had filed a lawsuit against pharmaceutical companies to try and obtain justice. But there are various ways in which an injured party may pursue a birth defect lawsuit.

A Philadelphia birth defect attorney can help victims determine whether they're eligible for a claim. A lawyer can determine whether a plaintiff is eligible to file a lawsuit individually or as part of a class action. In certain situations a lawyer may make a birth injury claim as part of a multidistrict litigation (MDL). To get started you must fill out the form below for a an initial consultation for free and confidential with a professional lawyer.

Representation

Although the advancements in technology and developments in the field of medicine have drastically reduced the chance of complications during childbirth and pregnancy However, they aren't eliminated. Parents can pursue legal action if a birth injury or defect occurs, and the cause could have been avoided.

Medical negligence cases typically result from a doctor's inability to identify or treat a problem. For instance, a physician might fail to conduct an ultrasound test or make a mistake during surgery, which could result in a birth defect such as spina bifida. Birth defects can be caused by the wrong medication that is taken by the mother or exposure to chemicals or other environmental dangers that can affect the development of the baby during the womb.

A birth defect can affect any part of a newborn's body, and affect their health, performance and appearance. In some instances the birth defect can drastically reduce a baby's life expectancy, or cause a significant amount of medical costs.

If you believe the birth defect or injury was caused by negligence or medical malpractice during labor or birth seek out a qualified lakewood birth defect law firm defect attorney today. A lawyer can provide you with your options and assist you file a claim prior to the time limit expiring. A lawyer can also negotiate a settlement with the parties responsible for the injury suffered by your infant.