How to File a Birth Defect Lawsuit

Modern medicine and technology have greatly reduced the risk of childbirth. Birth defects or birth defect injuries continue to occur frequently.

A birth defect lawsuit seeks to recover for medical expenses of your child or educational costs, among other losses. To be able to file a claim, you need to establish that a medical professional did not meet the standard of care prior to or during pregnancy or delivery.

Damages

Pregnancy can be one of the most exciting, yet nerve-wracking times in a parent's lifetime. Parents want their babies to be perfect, and doctors attempt to do everything possible to prevent birth defects from occurring. Medical negligence and carelessness could increase the risk of birth defects and injuries. When this happens the family of the victim may want to seek justice through a birth defect lawsuit.

A successful birth defect lawsuit can result in damages for a variety 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 will depend on the severity of their child's condition and the extent to which it has interfered in their quality of life.

Birth defects and birth injuries can be caused by a number of factors such as exposure to environmental factors. 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 these toxic chemicals, as well against pharmaceutical companies that have produced products that cause birth defects in fetuses like DES.

If you think your child's birth defect or injury was the result of medical malpractice, you should speak with a skilled birth defect lawyer as quickly as you can. In certain states, you have only one year to file a lawsuit claiming medical malpractice. If you wait 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 deadline for someone to file a civil lawsuit. If a claimant fails to file by the deadline, they lose their right to recover damages from a defendant. Birth injury claims be more complex in terms of the time limit than other medical malpractice claims.

A lawsuit is typically brought against the doctor or hospital that caused an injury to an individual during labor and delivery. These cases are often referred to as birthing injury lawsuits or wrongful birth lawsuits however, Florida's laws allow parents to file a malpractice suit for the death of a child.

In a lawsuit for medical malpractice the victim must prove that the doctor at fault failed to adhere to the standards of care and consideration another medical professional would have followed in similar circumstances. This includes failing to recognize an illness that is serious, for example, low oxygen levels in childbirth which can lead to cerebral palsy and brain damage.

The first step in filing a birth defect lawsuit is to get in touch with a skilled attorney. The majority of lawyers offer free consultations for potential clients. If an attorney believes the claim of a client is legitimate they will go over the medical documents of the client and hire experts to review them. They will also help prepare documents and file the medical malpractice lawsuit within the timeframe.

Expert Witnesses

In the case of a birth injury it is crucial to have experts who can explain medical procedures and practices to jurors. Expert witnesses aren't easy to work with since they must be able to scrutinize massive amounts of evidence and make decisions based on evidence rather than opinions. They should also be prepared to testify about facts that might contradict their opinion.

In the Daubert Case the plaintiffs' expert believed that Bendectin was the cause of the birth defect of their child. The judge concluded that the evidence was "at the cutting-edge of research in science where fact meets theories and certainty dissolves into probabilities." However the judge did not believe there was enough evidence that Bendectin caused birth defects.

The Daubert decision was a blow to plaintiffs who had sued pharmaceutical companies in an attempt to get justice. There are numerous avenues that an injured party may pursue a lawsuit for birth defects.

A Philadelphia birth defect lawyer can advise victims about whether they have a claim. A lawyer can decide if an individual plaintiff is eligible to pursue a lawsuit by themselves or as part of a class action. In some cases, an attorney can file a lawsuit for birth defect law firms injury as part an interdistrict litigation. Complete the form below for a confidential and free consultation with an attorney.

Representation

Modern technology and recent advancements in the field of medicine could have decreased the risk of complications occurring during pregnancy and childbirth, but they're still 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 typically result from a doctor's inability to recognize or treat a problem. A doctor might fail to conduct an ultrasound or make a mistake during surgery, leading to a birth defect such as spina bifida. Birth defects can be caused by improper medication taken by the mother, or exposure to chemicals or other environmental dangers during the child's development in the womb.

A birth defect can affect any part of the newborn's body which can affect their health, appearance and functionality. In some cases the birth defect can drastically reduce a baby's lifespan or result in an enormous amount of medical expenses.

Contact an attorney for birth defects immediately if you believe your child's birth defect or injury was the result of medical negligence or carelessness during labor or birth. A lawyer can provide you with your options and help you make a claim before the statute of limitation expiring. A lawyer can also negotiate an agreement with the parties accountable for the injury suffered by your child.