How to File a Birth Defect Lawsuit

Modern medicine and technology have greatly decreased the risks of childbirth. Birth defects or injuries still occur often.

A birth defect lawsuit seeks to recover for medical expenses of your child or educational costs, among other expenses. You must prove that the medical professional involved breached the standard of care during or before pregnancy or delivery.

Damages

Pregnancy can be one of the most exciting, but nerve-wracking moments in a parent's lifetime. Parents want their babies to be perfect, and doctors do everything to prevent birth defects. Inattention to medical issues and negligence can increase the risk of birth defects and Birth Defect Lawyer injuries. When this happens an astonished family may want to seek justice through a birth defect lawsuit.

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

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

If you suspect medical malpractice caused the birth injury or birth defect, you should consult a birth defect lawyer immediately. In some states, you are given one year to file a suit for medical malpractice. If you delay it could mean that your child will never get the justice they deserve.

Statute of Limitations

A statute of limitations is a law that establishes the time limit for a person to file a civil suit. If a person misses the deadline, they will lose the right to claim damages from the defendant. Birth injury cases have more complex statutes of limitations than other kinds of medical malpractice claims.

A lawsuit is typically filed against the medical professional or hospital who caused the patient's injuries during labor and delivery. These cases can be called birthing injury suits or wrongful birth lawsuits although Florida's laws permit parents to file a malpractice suit for the death of a baby.

To prove medical malpractice, the injured party will need to show that the doctor at fault did not adhere to the standard of care and consideration required by a different health medical professional in similar circumstances. This includes not being able to identify a serious illness such as low levels of oxygen during childbirth that cause cerebral palsy or brain damage.

The first step in filing a birth defect lawsuit is to get in touch with a skilled attorney. The majority of lawyers offer free consultations for potential clients. If the lawyer believes that a client has a valid claim, they will review medical records and hire expert witnesses to assess the evidence. They can also assist in the preparation of documents and filing the medical malpractice suit within time.

Expert Witnesses

In a birth injury case it is essential to have experts who can explain medical practices and procedures to jurors. Expert witnesses can be difficult to work with because they must scrutinize huge amounts of evidence and make decisions based on facts rather than their opinions. They also have to be willing to testify about facts that could contradict their beliefs.

In the Daubert case, the plaintiffs' experts argued that Bendectin caused the birth defects of their child. The judge ruled that the evidence was on the "cutting edge of scientific research, where evidence meets theory, and certainty transforms into probabilities." However the judge did not consider there was enough evidence to prove that Bendectin doubled a baby's chance of developing birth defects.

The Daubert ruling was a setback for the plaintiffs, who had suing pharmaceutical companies in order to win justice. However, there are numerous avenues that an injured person can pursue a lawsuit for birth defects.

A Philadelphia birth defect lawyer can help victims on whether they're eligible for claims. Lawyers can determine if the plaintiff is eligible to file a suit on their own or as part of an action class. In some cases a lawyer may start a lawsuit for birth injuries in the context of multidistrict litigation (MDL). Complete the form below for a confidential and free consultation with an attorney.

Representation

Although the advancements in technology and advances in medicine have drastically reduced the chance of complications during childbirth and pregnancy, they are not entirely eliminated. If a birth defect or injury occurs, and the cause was preventable, parents can seek legal action to cover costs related to treatment.

Medical negligence claims typically result from a doctor's inability to diagnose or treat a condition. A doctor might not perform an ultrasound or make a mistake in surgery, resulting in birth defects like spina bifida. Birth defects can also be caused by improper medication taken by the mother or exposure to chemicals and other environmental hazards during the baby's development in the womb.

A birth defect can affect any part of a newborn's body and impact their health, function and appearance. In some instances birth defects can decrease a baby's lifespan or cause major medical expenses.

If you suspect the birth defect or injury was due to negligence or medical malpractice during pregnancy or labor consult a certified birth defect attorney today. A lawyer can assist you in understanding your options and help make a claim prior the statute of limitations expiring. A lawyer may also be able to negotiate settlements on behalf of you with the parties responsible for the injuries your infant sustained.