How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have drastically reduced the risks associated with the birth of a child. However, birth defects or injury still happens frequently.

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

Damages

Pregnancy can be one of the most exciting but nerve-wracking moments during the lifetime of a parent. Parents want their children to be perfect, and doctors attempt to do their best to prevent birth defects from occurring. However, carelessness and negligence on the part of medical professionals can increase the risk of birth injuries and birth defects. When this happens families that are shocked should consider seeking justice through a birth defect lawsuit.

A successful birth defect lawsuit may result in damages for a multitude of different things. This includes suffering and pain for the victim, loss of consortium and medical costs, as well as loss of earning capacity. The amount of damages a person suffers will depend on the severity of their child's medical condition and the extent to which it has interfered with their quality of life.

Birth injuries and birth defects can be caused by a number of causes, including environmental exposures. Research has shown that certain chemicals, like fungicides, pesticides and lead, as well heavy metals and paints can increase the chance of birth defects. Birth defect lawyers have brought suits against companies that exposed workers to these hazardous chemicals, as well as against pharmaceutical companies who have manufactured products that cause birth defects in fetuses such as DES.

If you suspect medical malpractice caused your child's birth injury or birth defect, you must consult a lawyer for birth defects immediately. In some states, you only have one year to file a medical negligence lawsuit, and waiting more than that could mean losing the chance to receive the justice you are due for the injury your child sustained.

Statute of limitations

A statute of limitations is a law that determines the deadline for when a person is allowed to file a civil claim. Anyone who fails to meet the deadline will lose the right to sue a defendant for damages. Birth injury cases have more complex statutes of limitations than other types of medical malpractice claims.

A lawsuit is usually filed against the hospital or doctor who caused the patient's injuries during labor and delivery. These types of cases are typically referred to as birthing injury lawsuits or wrongful birth suits however, Florida's laws permit parents to file a medical malpractice suit for the death of an infant.

In a medical malpractice case the victim must prove that the doctor at fault did not follow the standard of care and consideration that other health care providers would have followed in similar circumstances. This includes not being able to identify an illness of serious severity for example, low levels of oxygen during childbirth which can cause cerebral palsy or brain damage.

A qualified attorney should be the first step to filing an action for birth defects. Many attorneys provide free consultations and case reviews for potential clients. If the attorney believes a client has a valid claim they will examine medical records and hire experts to review the evidence. They can also assist in the preparation of documents and file the medical malpractice lawsuit within the timeframe.

Expert Witnesses

In cases which involves birth injuries, it is crucial to have medical experts who are able to provide a jury with the medical practices and procedures. Expert witnesses can be difficult as they must carefully examine a large amount of information in order to make a decision in accordance with facts rather than opinion. They must also be willing to testify on facts that might conflict with their beliefs.

In the Daubert case, the plaintiffs' experts suggested that Bendectin had caused their child's birth defects. The judge ruled that the evidence was on the "cutting edge of scientific research, where evidence meets theory and the certainty transforms into probability." However the judge did consider there was enough evidence to support the claim that Bendectin doubled a baby's risk of developing birth defects.

The Daubert decision was a blow to plaintiffs that had sued pharmaceutical companies in the hope of obtaining justice. There are many ways that an injured party may pursue a lawsuit for birth defects.

A Philadelphia birth defect lawyer can assist those suffering from birth defects to determine whether they are a victim. A lawyer can determine if a plaintiff is eligible to file a lawsuit individually or as part of a class action. In certain instances a lawyer may file a birth injury lawsuit as part of multidistrict litigation (MDL). To get started, fill out the form below for a a free and confidential consultation with a qualified lawyer.

Representation

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

Medical negligence claims usually stem from a doctor's failure to recognize or treat a condition. A physician may fail to diagnose an ultrasound or make a mistake in surgery, resulting in birth defects such as spina bifida. Birth defects can also be caused by improper medication that is taken by the mother or exposure to chemicals or other environmental dangers during the child's development during the womb.

A birth defect may affect any part of the body of a newborn that can affect their appearance, health and functioning. In certain instances birth defects can drastically reduce a baby's life expectancy or lead to a significant amount of medical costs.

Contact an attorney for birth defects immediately if you believe your child's birth defect or injury was the result of medical negligence or mistakes during labor or pregnancy. A lawyer can provide you with your options and help you make a claim prior the deadline for filing. A lawyer can also negotiate a settlement with the parties accountable for the injury of your infant.