How to File a Birth Defect Lawsuit

Modern medicine and technology have greatly reduced the risk of childbirth. Birth defects or injuries still occur frequently.

A birth defect lawsuit seeks compensation for medical expenses of your child or educational costs, among other expenses. You must prove that the medical professional who was involved did not follow the standard of treatment during or prior to the pregnancy or birth.

Damages

Pregnancy is among the most exciting and stressful moments in the life of a parent. Parents want their babies perfect and doctors do their best to prevent birth defects. Medical negligence and carelessness could increase the risk for birth defects and injuries. A family who is shocked by this incident should think about the possibility of suing over a birth defect.

A successful birth defect lawsuit may result in damages for a variety of different things. This includes suffering for the victim along with loss of consortium and medical costs, as well as loss of earning capacity. The amount of damages that the victim will receive is contingent on the severity of the child's illness and how much it has affected their standard of living.

Environmental exposures can result in birth defects and birth injuries. Studies have shown that certain chemicals like pesticides, fungicides and lead, as well as paints, and heavy metals can increase the chances of birth defects. Birth defect lawyers have filed lawsuits against companies that exposed workers to these toxic chemicals, as well against pharmaceutical companies who have manufactured products that cause birth defects in fetuses, like DES.

If you believe that your child's birth defect, or birth injury was caused by medical malpractice, it is important to speak with a skilled birth defect lawyer as quickly as you can. In certain states, there is only one year to file a medical negligence suit, and waiting any longer than that can mean losing your chance of getting the justice you have earned for your child's injury.

Statute of Limitations

A statute of limitations is a law that establishes the time limit for a person to file a civil action. A person who misses the deadline will lose the right to seek damages from a defendant. Birth injury cases may have more complicated statutes of limitations than other kinds of medical malpractice claims.

A lawsuit is typically filed against the doctor or the hospital who caused the patient's injuries during labor and birth. These cases are sometimes called birthing injury lawsuits or wrongful birth lawsuits, however Florida's laws permit parents to file a malpractice suit in the event of the death of a child.

To prove medical malpractice, the victim will need to show that the doctor responsible did not adhere to the standard of care and consideration expected by another health healthcare provider in similar circumstances. This includes failing diagnose serious conditions like low oxygen levels during childbirth which can lead to cerebral palsy and brain damage.

The first step in filing a birth defect attorney defect lawsuit is to contact a skilled attorney. Many attorneys provide free consultations for potential clients. If the attorney believes a client has a valid claim, they will review medical records and hire experts to review them. They will also assist in preparing documents and filing the medical malpractice suit within time.

Expert Witnesses

In cases which involves birth injuries, it's essential to have medical experts who are able to explain to jurors the medical practices and procedures. Expert witnesses can be difficult as they must scrutinize a large amount of information to be able make decisions based on facts, not opinion. In addition, they must be prepared to testify about things that may contradict their opinions.

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

The Daubert ruling was a setback to the plaintiffs, who had filed a lawsuit against pharmaceutical companies to try and get justice. But there are many avenues for an injured person could pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer can help victims on whether they're eligible for birth defect lawyers an opportunity to file a claim. A lawyer can help clients determine if they're eligible to file a personal lawsuit or a class action. In some instances, an attorney can make a claim for birth injury as part a multidistrict lawsuit. Fill out the form to get a confidential and free consultation with an attorney.

Representation

Modern technology and recent advancements in medicine may have decreased the risk of complications that can occur during pregnancy and childbirth, but they're not entirely eliminated. Parents may pursue legal action if a birth defect or birth injury occurs, and the reason could have been prevented.

Medical negligence claims are typically due to a doctor's failure to diagnose or treat an illness. A physician may not perform 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 taken by the mother, or exposure to chemicals or other environmental dangers during the development of the baby in the womb.

A birth defect can affect any part of a newborn's body. It can impact their health, function and appearance. In some cases the birth defect can drastically reduce a baby's life expectancy or result in significant medical expenses.

Contact a birth defect lawyer now if you believe the birth injury or defect was the result of medical negligence or carelessness during labor or birth. A lawyer can provide you with your options and assist you to file a claim prior to the time limit expiring. A lawyer can also negotiate an agreement with the parties accountable for the injury suffered by your infant.