How to File a Birth Defect Lawsuit

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

A birth defect lawsuit seeks to pay your child's medical expenses, education costs, and other losses. To be able to file an action, you must prove that medical professionals breached the standard of care prior to or during pregnancy or during the delivery.

Damages

Pregnancy is among the most exciting and nerve-wracking times in a parent's life. Parents want their babies to be perfect, and doctors do everything possible to prevent birth defects. Medical negligence and inattention can increase the risk of 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 many different things. This includes suffering and pain for the victim along with loss of consortium and medical expenses, not to mention lost earning capacity. The amount of compensation a victim will receive depends on the degree of the child's health, and how much it has affected their standard of life.

Environmental exposures can lead to birth injuries and birth defects. Research has shown that pesticides like fungicides and lead and heavy metals, paints, and heavy metals, can increase the risk of birth defects. birth defect attorneys defect lawyers have filed lawsuits against companies that exposed employees to harmful chemicals as well as pharmaceutical companies that manufacture drugs like DES that can cause birth deformities in fetuses.

If you suspect medical malpractice caused the birth injury or birth defect, it is recommended to seek out a birth defect lawyer immediately. In certain states, you have only one year to file a lawsuit for medical malpractice. If you wait longer it could mean that your child will never receive the justice they deserve.

Statute of Limitations

A statute of limitations is a law that defines how long a person has to file a civil suit. If a claimant fails to file by the deadline, they lose the right to claim damages from a defendant. Birth injury cases can have more complicated statutes of limitations than other types of medical malpractice claims.

A lawsuit is usually brought against the doctor or hospital who caused injury to an individual during labor and birth. These cases are usually referred to as birthing injury lawsuits or wrongful birth suits however, Florida's laws permit parents to make a claim for medical malpractice to bring a child's death.

In order to prove medical negligence, the person who was injured must prove that the doctor responsible didn't adhere to the standard of care or consideration expected by another health healthcare provider in similar circumstances. This includes failing to diagnose a serious condition such as low levels of oxygen in the childbirth process which can lead to cerebral palsy and brain damage.

Finding a reputable attorney is the first step towards filing an action for birth defects. Many attorneys provide free consultations to potential clients. If the attorney believes a client has a valid claim they will examine medical records and engage experts to evaluate them. They will also assist in preparing documents and file the medical malpractice lawsuit on time.

Expert Witnesses

In cases that involves birth injuries, it is crucial to have medical experts who are able to explain to jurors the medical practices and procedures. Expert witnesses can be difficult to work with as they must be able to scrutinize massive quantities of information and be able to make decisions based on facts rather than their opinions. They also have to be willing to testify on evidence that may conflict with their opinion.

In the Daubert case the plaintiffs' experts suggested that Bendectin was the cause of birth defects in their child. The judge concluded that the evidence was "at the cutting-edge of research in science where fact meets theories and the certainty is transformed into probabilities." However the judge was not convinced there was sufficient evidence to prove that Bendectin caused birth defects.

The Daubert decision was a setback to plaintiffs who had filed suit against pharmaceutical companies in an effort to obtain justice. However, there are many ways that an injured party may pursue a birth defect lawsuit.

A Philadelphia birth defect attorney will assist the victims to determine whether they are a victim. A lawyer can assist plaintiffs determine whether they are qualified to file a lawsuit as an individual or a class action. In certain cases a lawyer may file a birth injury lawsuit as part of a multidistrict litigation (MDL). Fill out the form below to receive a confidential and free consultation with an attorney.

Representation

Although modern technology and recent developments in the field of medicine have greatly reduced the risk of complications during pregnancy and childbirth, they are not entirely eliminated. Parents may pursue legal action if a birth defect or birth injury occurs, and the cause could have been avoided.

Medical negligence claims usually result from a doctor's inability to properly diagnose or treat a condition. For instance, a physician may not perform an ultrasound test or make an error pathfinder2.ca during surgery, which could result in a birth defect like 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, function and appearance. In certain instances the birth defect can significantly diminish a baby's life expectancy, or cause an enormous amount of medical expenses.

If you think the birth defect or injury was caused by medical malpractice or negligent care during pregnancy or labor consult a certified birth defect lawyer today. A lawyer can assist you in understanding your options and help make a claim before the time limit expiring. A lawyer can also negotiate an agreement with the parties accountable for the injuries suffered by your child.