How to File a Birth Defect Lawsuit

Modern medical technology and medicine have drastically decreased the risks of childbirth. Birth defects or injuries continue to occur often.

A birth defect lawsuit seeks to pay your child's medical expenses, education costs, and other losses. You must prove that the medical professional in question has violated the standard medical care during or before the birth or during pregnancy.

Damages

Pregnancy can be one of the most exciting, yet nerve-wracking events during the lifetime of a parent. Parents want their children to be perfect, and doctors work to do everything they can to stop birth defects from happening. Medical negligence and carelessness could increase the risk for birth defects and injuries. A family that is shocked by this situation should consider seeking legal action for a birth defect.

A successful birth defect lawsuit could result in damages for a number of different things. These include the victim's pain and suffering and loss of consortium, medical expenses, and loss of earning capacity. The amount of damages a victim will receive depends on the degree of the child's health and how it has affected their quality of living.

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

If you suspect that medical negligence caused your child's birth injury or birth defect, seek out a birth defect lawyer immediately. In certain states, you have only one year to file a medical negligence lawsuit, and waiting more than that may mean losing your chance to get the justice you have earned for your child's injury.

Statute of Limitations

A statute of limitation is a law that sets the time limit for someone to file a civil lawsuit. Anyone who fails to meet a deadline will lose the right to pursue a defendant for damages. Birth injury claims can have a more complicated statute of limitations than other medical malpractice claims.

A lawsuit is usually filed against the medical professional or hospital that caused a patient's injuries during labor and delivery. These cases are often called birthing injury lawsuits or wrongful birth suits, although Florida's laws allow parents to pursue a medical malpractice suit to bring a child's death.

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

The first step to file a birth defect lawsuit is to speak with an experienced attorney. A majority of attorneys offer free consultations for potential clients. If the attorney believes that a client has a valid claim they will look over medical records and employ experts to examine the evidence. They can also assist in the preparation of documents and file the medical malpractice lawsuit within time.

Expert Witnesses

In cases involving birth injuries, it is vital to have medical experts who are able to explain to jurors the medical procedures and practices. Expert witnesses can be difficult since they have to carefully review an extensive amount of information to be able make decisions that are based on evidence rather than opinions. Furthermore, birth defect lawyers they should be willing to testify about facts that might conflict with their positions.

In the Daubert Case, the plaintiffs' expert believed that Bendectin was responsible for the birth defect of their child. The judge concluded 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 sufficient evidence to prove that Bendectin caused birth defects.

The Daubert ruling was a setback to the plaintiffs, who had suing pharmaceutical companies to try and get justice. Nonetheless, there are still many avenues for an injured person can pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer can help victims on whether they have a claim. Lawyers can assist plaintiffs determine if they are qualified to file a lawsuit as an individual or a class action. In certain situations a lawyer may make a birth injury claim as part of multidistrict lawsuit (MDL). Please fill out the form below for a confidential and free consultation with an attorney.

Representation

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

Medical negligence claims are typically based on a doctor's failure diagnose or treat a disease. A doctor might fail to diagnose an ultrasound or make a mistake during surgery, resulting in birth defects such as spina bifida. Birth defects can be caused by a 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 the body of a newborn and affect their appearance, health and function. In some cases, a birth defect can significantly diminish a baby's life expectancy, or cause significant medical costs.

If you suspect the birth defect or injury was due to medical malpractice or negligent care during labor or pregnancy seek out a qualified birth defect lawyer today. A lawyer can help you determine your options and file a claim before the statute of limitations expires. A lawyer might also be able to negotiate the settlement on your behalf with the parties accountable for your child's injuries.