How to File a Birth Defect Lawsuit

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

A birth defect lawsuit seeks to pay your child's medical expenses, educational costs and other damages. You must prove that the medical professional who was involved has violated the standard medical care during or before the birth or delivery.

Damages

Pregnancy can be one of the most exciting, yet nerve-wracking experiences during the lifetime of a parent. Parents want their babies perfect, and doctors do everything they can to avoid birth defects. Medical negligence and carelessness can increase the risk for birth defects and injuries. A family that is shocked by this circumstance should think about seeking legal action for a birth defect.

A successful birth defect lawsuit could result in damages for a multitude of different things. This includes the victim's suffering and suffering as well as 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 illness and the extent that it has affected in their quality of life.

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

If you suspect that medical malpractice caused the birth injury of your child or birth defect, you should seek out a birth defect lawyer immediately. In some states, there's only one year to file a medical malpractice lawsuit, and waiting more 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 defines the time limit for an individual to file an action in civil court. A person who misses the deadline will lose the right to claim damages against a defendant. Birth injury cases can be more complex in terms of the time limit than other medical malpractice claims.

A lawsuit is usually brought against the hospital or doctor who caused injury to patients during labor or delivery. These cases are commonly called birthing injuries lawsuits or wrongful birth suits however Florida's laws permit parents to bring a medical malpractice lawsuit to bring a child's death.

In a medical malpractice lawsuit the victim must prove the at-fault doctor failed to adhere to the expected level of care and consideration other health care providers would have applied in similar circumstances. This includes failing in diagnosing an illness that is serious like low levels of oxygen in the childbirth process that can cause cerebral palsy or brain damage.

Finding a reputable attorney is the first step in filing a lawsuit against birth defects. A majority of attorneys offer free consultations and case reviews for potential clients. If the attorney is convinced that a client has a valid case, they will examine medical records and employ experts to review their credibility. They will also assist in preparing documents and file the medical malpractice lawsuit within time.

Expert Witnesses

In a case involving birth injuries it is crucial to have experts who can explain medical procedures and practices to jurors. Expert witnesses can be difficult to work with since they have to carefully review huge amounts of data and make decisions based on evidence rather than opinions. Additionally, they must be willing to testify on facts that could contradict their views.

In the Daubert Case the plaintiffs' expert argued that Bendectin was responsible for the birth defect in their child. The judge ruled that the evidence was "at the cutting edge of scientific research, where science meets theories, and certainty dissolves into probabilities." However, he did not believe there was enough evidence that Bendectin caused birth defects.

The Daubert ruling was a setback to the plaintiffs who had sued pharmaceutical companies to try and achieve justice. There are many ways for a person who has suffered injury to seek a legal action over the birth defect.

A Philadelphia birth defect lawyer can assist victims in determining whether they have a case. A lawyer can determine if the plaintiff is eligible to file a lawsuit individually or as part of a class action. In some instances attorneys can start a lawsuit for birth injuries as part of multidistrict litigation. Please fill out the form below for a confidential and free consultation with an attorney.

Representation

Modern technology and recent advances in the field of medicine could have reduced the risk of complications occurring during childbirth and pregnancy, but they are not completely eliminated. Parents may pursue legal action if a birth defect or birth injury occurs, and the cause could have been prevented.

Medical negligence claims are often due to a doctor's failure to identify or birth defect lawyers treat an illness. For example, a physician may fail to conduct an ultrasound exam or make an error during surgery, resulting in a birth defect such as spina bifida. Other causes that can lead to a birth defect lawsuit include improper medication for the mother or exposure to chemicals or other environmental dangers while the baby is developing in the womb.

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

If you suspect that the birth defect attorney defect or injury was due to negligence or medical malpractice during labor or birth consult a certified birth defect lawyer today. A lawyer can help explain your options and assist you make a claim before the statute of limitations expiring. A lawyer can also negotiate a settlement with the parties responsible for the injury suffered by your child.