How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have significantly reduced the risks associated with the birth of a child. But, a birth defect or injury can still happen 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 involved has violated the standard medical care prior to or during the birth or during pregnancy.

Damages

Pregnancy can be one of the most exciting but nerve-wracking moments during the lifetime of a parent. Parents want their babies perfect and doctors do their best to prevent birth defects. Medical negligence and inattention can increase the risk for birth defects and injuries. In the event of this happening the family of the victim might want to pursue justice via a birth defect lawsuit.

A successful birth defect lawsuit could result in damages for a variety of different things. This can include pain and suffering for the victim as well as loss of consortium and medical expenses, as well as lost earning capacity. The amount of damages a person suffers will depend on the severity of their child's medical condition and the extent that it has affected with their quality of life.

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

If you suspect medical malpractice caused the birth injury or birth defect lawsuit birth defect, it is recommended to consult a lawyer for birth defects immediately. In certain states, you are given one year to file a lawsuit against medical malpractice. If you wait it could mean that your child will never get the justice they deserve.

Statute of Limitations

A statute of limitations is a law that establishes the deadline for someone to file a civil lawsuit. If a person fails to meet the deadline, they will lose the right to claim damages from the defendant. Birth injury claims can be more complex in terms of the statute of limitations than other medical malpractice claims.

A lawsuit is typically filed against the doctor or hospital that caused injuries to a patient during labor and birth. These types of cases are typically referred to as birthing injury lawsuits or wrongful birth defect attorneys suits though Florida's laws allow parents to make a claim for medical malpractice for an infant's death.

In a lawsuit for medical malpractice, the injured party must prove the at-fault doctor was not adhering to the expected level of care and consideration that another health care provider would have applied in similar circumstances. This includes failing diagnose serious conditions like low oxygen levels in childbirth that can cause cerebral palsy and brain damage.

Contacting a qualified attorney is the first step in filing a lawsuit for birth defects. A majority of attorneys offer free consultations and case review to prospective clients. If the attorney believes a client has a valid case, they will look over medical records and engage experts to examine the evidence. They will also assist in preparing documents and filing the medical malpractice lawsuit on time.

Expert Witnesses

In the case of a birth injury, it is important to have experts who can explain medical procedures and practices to jurors. Expert witnesses can be difficult as they must carefully examine the vast amount of information to be able make decisions based on fact rather than opinion. Furthermore, they should be able to testify regarding information that might contradict their opinions.

In the Daubert case the plaintiffs' experts argued that Bendectin caused their child's birth defects. The judge ruled that the evidence was "at the cutting-edge of scientific research, where science meets theories and certainty transforms into probabilities." However the judge was not convinced there was enough evidence that Bendectin caused birth defects.

The Daubert decision was a blow to plaintiffs who had filed lawsuits against pharmaceutical companies in the hope of obtaining justice. Nonetheless, there are still many avenues for an injured party may pursue a birth defect attorney defect lawsuit.

A Philadelphia birth defect lawyer can assist those suffering from birth defects to determine whether they are a victim. A lawyer can assist victims determine if they're eligible to file a lawsuit on their own or a class action. In some cases a lawyer may start a lawsuit for birth injuries as part of multidistrict litigation (MDL). Complete the form below to receive a confidential and free consultation with an attorney.

Representation

Although modern technology and recent advances in the field of medicine have drastically reduced the chance of complications during pregnancy and childbirth however, they are not completely eliminated. When a birth defect or injury occurs, and the cause is preventable, parents can pursue legal action to cover costs associated with treatment.

Medical negligence claims often stem from a doctor's failure to identify or treat a condition. Physicians may not perform an ultrasound or make a mistake in surgery, leading to a birth defect such as spina bifida. Other causes that can lead to a birth defect lawsuit are improper medication for the mother or exposure to chemicals or other environmental dangers while the baby develops in the womb.

A birth defect may affect any part of the body of a newborn, affecting their appearance, health, and performance. In some cases birth defects can significantly diminish a baby's lifespan or result in a significant amount of medical costs.

If you suspect your child's birth defect or injury was due to negligence or medical malpractice during labor or birth, contact a qualified birth defect lawyer today. A lawyer can help explain your options and assist you make a claim prior the statute of limitation expiring. A lawyer can also negotiate an agreement with the parties responsible for the harm to your child.