How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have significantly reduced the risks associated with birth. Birth defects or injuries still occur often.

A birth defect lawsuit seeks to pay your child's medical expenses, educational costs and other damages. To be able to pursue claims, you must prove that medical professionals violated the standard of medical care before or during pregnancy or during the delivery.

Damages

Pregnancy is among the most exciting and nerve-wracking moments in the life of a mother. Parents want their children to be perfect and doctors do their best to prevent 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 stricken by this incident should think about seeking legal action for a birth defect.

A successful birth defect lawsuit can result in damages for a number of different things. This includes pain and suffering for the victim along with loss of consortium and medical expenses, in addition to lost earning capacity. The amount of damages a victim will receive will depend on the severity of their child's medical condition and the extent to which it has interfered with their life quality.

Birth defects and birth injuries can be caused by a number of causes that include environmental exposures. Studies have proven that certain chemicals such as pesticides, fungicides lead, paints, and heavy metals can increase the chances of birth defects. Birth defect lawyers have filed lawsuits against companies that exposed workers to harmful chemicals as well as pharmaceutical companies that make drugs like DES that may cause birth defects in fetuses.

If you suspect that your child's birth defect, or birth injury is the result of medical malpractice, you should seek out a skilled birth defect lawyer as soon as possible. In certain states, you have only one year to file a suit for medical malpractice. If you delay, it could mean that your child will not receive the justice they deserve.

Statute of Limitations

A statute of limitations is a law that defines the time frame for which a person has to file a civil claim. If a person fails to meet the deadline, they will lose their right to seek damages from the defendant. Birth injury claims have a more complicated time limit than other medical malpractice claims.

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

In a case of medical malpractice the plaintiff must prove that the doctor at fault was not adhering to the expected level of care and consideration that another medical professional would have utilized in similar circumstances. This includes failing to recognize a serious illness for example, low oxygen levels during childbirth which can cause brain damage and cerebral palsy.

Contacting a reputable attorney is the first step in filing an action for birth defects. The majority of lawyers offer free consultations and reviews of cases to potential clients. If an attorney believes that the claim of a client is legitimate they will go over the medical records of the client, and they will hire experts to assess them. They can also assist in the preparation of documents and file the medical malpractice lawsuit on time.

Expert Witnesses

In cases involving birth injuries, it is crucial to have medical experts who can explain to a jury the medical procedures and practices. However, expert witnesses aren't easy to work with as they must be able to scrutinize massive amounts of information and be able to make decisions based upon facts rather than opinions. They should also be able to testify on evidence that might contradict their opinion.

In the Daubert Case, the plaintiffs' expert suggested that Bendectin caused the birth defect of their child. The judge ruled that the evidence was on the "cutting edge of scientific research, where fact meets theory and certainty dissolves into probability." However, the judge did not consider there was enough evidence that Bendectin doubled the chances of developing birth defects.

The Daubert decision was an affront to plaintiffs who had sued pharmaceutical companies in an attempt to get justice. There are many avenues for an injured party to file a lawsuit for a birth defect.

A Philadelphia birth defect lawyer can assist victims about whether they have a right to sue. A lawyer can determine whether the plaintiff is eligible to file a lawsuit individually or as part of an action class. In certain cases lawyers can start a lawsuit for birth injuries as part of a multidistrict lawsuit. To start complete the form on this page for the opportunity to have a no-cost and confidential consultation with a licensed attorney.

Representation

Modern technology and birth defect Law firms recent advancements in the field of medicine could have reduced the risk of complications that can occur during pregnancy and childbirth, but they are not completely eliminated. Parents can pursue legal action if they suffer a birth injury or defect occurs, and the reason could have been prevented.

Medical negligence claims tend to be due to a doctor's failure to diagnose or treat a condition. A doctor might fail to conduct an ultrasound or make a mistake in surgery, leading to birth defects such as spina bifida. Other causes for a birth defect lawsuit are improper medication for the mother or exposure to chemicals or other environmental hazards as the baby develops in the womb.

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

If you think the birth Defect law firms defect or injury was due to negligence or medical malpractice during labor or birth seek out a qualified birth defect lawyer today. A lawyer can help determine your options and file a claim before the statute of limitations expires. A lawyer can also negotiate an agreement with the responsible parties for the injury suffered by your child.