How to File a Birth Defect Lawsuit

Modern technology and advancements in medicine have dramatically reduced the risk of the birth of a child. However, birth defects or injury still happens frequently.

A birth defect lawsuit seeks to pay your child's medical expenses, educational costs and other losses. You must prove that the medical professional who was involved did not follow the standard of care prior to or during pregnancy or delivery.

Damages

Pregnancy is one of the most exciting and stressful moments in the life of a parent. Parents want their babies to be perfect and doctors do everything they can to avoid birth defects. However, carelessness and Birth defects negligence on the part of medical practitioners can increase the chance of birth injuries and birth defects. When this happens an astonished family might want to pursue justice via a birth defect lawsuit.

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

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

If you suspect that medical negligence caused the birth injury of your child or birth defect, it is recommended to seek out a birth defect lawyer immediately. In certain states, there's only one year to file a medical negligence suit, and waiting any longer than that could result in losing your chance of getting the justice you deserve for your child's injury.

Statute of Limitations

A statute of limitation is a law which establishes the time limit for an individual to file a civil lawsuit. If a person fails to meet a deadline will lose the right to claim damages against a defendant. Birth injury cases can have a more complicated time limit than other medical malpractice claims.

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

In a lawsuit for medical malpractice the injured party must prove the at-fault doctor failed to adhere to the standard of care and consideration any other medical professional would have applied in similar circumstances. This includes failing diagnose serious conditions like low levels of oxygen during childbirth that can cause cerebral palsy and brain damage.

A qualified attorney should be the first step in filing a lawsuit against birth defects. Many attorneys provide free consultations to potential clients. If the attorney believes a client has a valid claim they will review medical records and employ experts to evaluate the case. They can also assist in the preparation of documents and file the medical malpractice lawsuit in time.

Expert Witnesses

In a case involving birth injuries, it is important to have experts who can explain medical practices and procedures before a jury. However, expert witnesses can be difficult to work with since they must carefully examine massive amounts of information and make decisions based upon facts rather than opinions. They must also be willing to testify on things that may contradict their views.

In the Daubert case the plaintiffs' experts suggested that Bendectin contributed to the birth defects of their child. The judge concluded that the evidence was "at the cutting edge of scientific research, where evidence meets theories, and certainty dissolves into probabilities." However he was not convinced there was enough evidence to conclude that Bendectin caused birth defects.

The Daubert ruling was a setback for the plaintiffs who had sued pharmaceutical companies to try and get justice. There are numerous avenues for a victim to file a lawsuit for the birth defect.

A Philadelphia birth defect lawyer can advise victims on whether they're eligible for an opportunity to file a claim. Lawyers can determine if a plaintiff is eligible to file a lawsuit on their own or as part of an action class. In certain cases attorneys can start a lawsuit for birth injuries as part of an interdistrict litigation. To get started, fill out the form on this page for an unreserved and confidential consultation with a professional lawyer.

Representation

Modern technology and recent advances in medicine may have reduced the chance of complications arising during pregnancy and childbirth, but they're still not completely eliminated. Parents can seek legal action if they suffer a birth injury or defect occurs, and the cause could have been prevented.

Medical negligence claims are usually due to a doctor's failure to diagnose or treat a disease. For example, a physician might fail to conduct an ultrasound screening or make a mistake during surgery, resulting in a birth defect like spina bifida. Other common causes of a birth defect lawsuit include insufficient medication for the mother or exposure to chemicals or other environmental hazards while the baby is growing in the womb.

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

If you think the birth defect or injury was the result of medical malpractice or negligent care during labor or birth consult a certified birth defect lawyer today. A lawyer can assist you in understanding your options and assist you to file a claim prior to the statute of limitations expiring. A lawyer can also negotiate a settlement with the parties accountable for the injuries suffered by your child.