How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have greatly reduced the risk of childbirth. Birth defects or injuries occur often.

A birth defect law firm defect lawsuit seeks to pay your child's medical expenses, education costs and other damages. You must prove that the medical professional in question did not follow the standard of treatment during or prior to the birth or delivery.

Damages

Pregnancy can be one of the most exciting, yet nerve-wracking experiences in the life of a parent. Parents want their babies to be perfect and doctors do everything they can to avoid birth defects. Unfortunately, negligence and carelessness on the part of medical professionals can increase the risk of birth defects and injuries. A family that is shocked by this situation should consider suing for a birth defect.

A successful birth defect suit could result in damages for many different things. This includes the victim's suffering and suffering and loss of consortium medical expenses, and loss of earning capacity. The amount of damages the victim will be awarded is contingent on the degree of the child's health and how much it has affected their standard of life.

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

If you suspect that medical malpractice caused your child's birth injury or birth defect, you should 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 not receive the justice they deserve.

Statute of Limitations

A statute of limitations is a law that sets the deadline for someone to file an action in civil court. If a claimant fails to file by the deadline, they lose the right to collect damages from the defendant. Birth injury cases may have more complex statutes of limitations than other types of medical malpractice claims.

A lawsuit is typically filed against the doctor or hospital who caused the patient's injuries during labor and delivery. These cases are often known as birthing injuries lawsuits or wrongful birth lawsuits, although Florida's laws permit parents to file a malpractice suit in the event of the death of an infant.

In a medical malpractice case, the injured party must prove the at-fault doctor did not follow the expected level of care and consideration other health care providers would have used in similar circumstances. This includes failing to diagnose an illness of serious severity, such as low levels of oxygen in the childbirth process that result in brain damage and birth defect lawyers cerebral palsy.

The first step to file a birth defect lawsuit is to speak with a skilled attorney. Most attorneys offer free consultations to potential clients. If an attorney believes the claim of a client is valid they will examine the medical documents of the client and then hire experts to analyze the records. They can also assist in the preparation of documents and file the medical malpractice lawsuit on time.

Expert Witnesses

In a case that involves birth injuries, it is crucial to be able to have medical experts provide a jury with the medical procedures and practices. Expert witnesses aren't easy to work with because they must scrutinize huge amounts of evidence and make decisions based on the facts rather than opinions. They must also be able to testify regarding facts that could contradict their positions.

In the Daubert case, the plaintiffs' experts suggested that Bendectin had caused their child's birth defects. The judge found that the evidence was at the "cutting edge of scientific research, where fact meets theory, and certainty transforms into probability." However, the judge did not consider there was enough evidence to prove that Bendectin doubled a baby's chance of developing birth defects.

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

A Philadelphia birth defect attorney can help victims determine whether they have a case. A lawyer can assist plaintiffs determine if they are eligible to file an individual lawsuit or a class action. In certain cases, a lawyer can start a lawsuit for birth injuries as part of multidistrict litigation (MDL). Please fill out the form below to receive a private and free consultation with an attorney.

Representation

Modern technology and recent advancements 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 seek 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 diagnose or treat a problem. A doctor may not perform an ultrasound or make a mistake in surgery, resulting in birth defects such as spina bifida. Other causes that can lead to birth defect lawsuits include an ineffective medication for the mother or exposure to chemicals or other environmental hazards when the baby is developing in the womb.

A birth defect could affect any part of the newborn's body that can affect their health, appearance and functionality. In certain instances the birth defect could dramatically reduce a child's lifespan or result in a significant amount of medical costs.

Contact an attorney for birth defects today if you suspect that the birth defect or injury was caused by medical negligence or mistakes during labor or pregnancy. A lawyer can assist you to identify your options and make a claim prior to the statute of limitations runs out. A lawyer can also negotiate an agreement with the parties accountable for the injury suffered by your infant.