How to File a Birth Defect Lawsuit

Modern medical technology and medicine have drastically decreased the risks of childbirth. However, birth defects or injury can still happen frequently.

A birth defect lawsuit seeks compensation for your child's medical expenses as well as educational costs and other expenses. You must prove that the medical professional involved violated the standard care during or before the pregnancy or birth.

Damages

Pregnancy can be one of the most exciting, yet nerve-wracking events in the life of a parent. Parents want their children to be perfect, and doctors strive to do all they can to stop birth defects from happening. Medical negligence and carelessness could increase the risk of birth defects and injuries. When this happens an astonished family may want to seek justice through a birth defect lawsuit.

A successful birth defect lawsuit may result in damages for a variety of different things. This can include the suffering and suffering and loss of consortium medical expenses and lost earning capacity. The amount of damages an individual victim will be awarded depends on the severity of the child's condition and how it has affected their quality of life.

Birth defects and birth injuries can be caused by a variety of causes which include exposure to environmental factors. Studies have proven that certain chemicals, like fungicides, pesticides, lead, paints and heavy metals may increase the risk of birth defects. Birth defect lawyers have brought lawsuits against companies that exposed workers to harmful chemicals, and against pharmaceutical companies that have developed drugs that could cause birth defects in fetuses like DES.

If you suspect that medical error caused the birth injury of your child 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 wait longer it could mean that your child will not receive the justice they deserve.

Statute of Limitations

A statute of limitation is a law that establishes the time limit for a person to file an action in civil court. If a person misses the deadline, they lose their right to seek damages from the defendant. Birth injury claims have a more complicated statute of limitations than other medical malpractice claims.

A lawsuit is typically brought against the hospital or doctor that caused an injury to an individual during labor and birth. These cases are commonly known as birthing injury lawsuits or wrongful birth suits, though Florida's laws allow parents to pursue a medical malpractice suit in the event of a baby's death.

In a medical malpractice lawsuit the victim must prove the at-fault doctor was not adhering to the standard of care and consideration another health care provider would have used in similar circumstances. This includes failing diagnose a serious illness, such as low levels of oxygen during childbirth which can lead to cerebral palsy and brain damage.

Finding a reputable attorney is the first step in filing a lawsuit for birth defects. The majority of lawyers offer free consultations to potential clients. If an attorney believes the claim of a client is legitimate they will go over the medical records of the client and then hire experts to review the evidence. They will also assist with the preparation of documents and file the medical malpractice lawsuit in time.

Expert Witnesses

In a case involving a birth injury it is essential to have experts who can explain medical procedures and Birth Defect Lawyer practices to jurors. Expert witnesses can be difficult because they must scrutinize a large amount of information to be able to make decisions based on fact rather than opinions. In addition, they must be willing to testify on facts that could contradict their positions.

In the Daubert case, the plaintiffs' experts claimed that Bendectin contributed to birth defects in their child. The judge ruled 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 did not believe there was enough proof that Bendectin caused birth defects.

The Daubert ruling was a setback to the plaintiffs, who had suing pharmaceutical companies to try and obtain justice. There are many ways that the injured party could pursue a lawsuit for birth defects.

A Philadelphia birth defect attorney can assist victims in determining if they have a case. A lawyer can help plaintiffs determine if they are eligible to file a personal lawsuit or a class action. In some cases, an attorney can make a claim for birth injury as part of multidistrict litigation. Complete the form below to receive a private and free consultation with an attorney.

Representation

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

Medical negligence claims tend to be result from a doctor's inability identify or treat an illness. A physician may fail to perform an ultrasound or make a mistake during surgery, resulting in birth defects, such as spina bifida. Other common causes of a birth defect lawsuit include inadequate medication for the mother or exposure to chemicals or other environmental hazards while the baby develops in the womb.

A birth defect can affect any part of the newborn's body which can affect their health, appearance and functioning. In certain cases birth defects may reduce a baby's lifespan or cause significant medical costs.

Contact an attorney for birth defects immediately if you believe the birth injury or defect was caused by medical negligence or carelessness during labor or birth. A lawyer can assist you to identify your options and make a claim prior to the deadline for filing a claim expires. A lawyer can also negotiate a settlement with the parties accountable for the harm to your infant.