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 as well as other losses. You must prove that the medical professional you are suing breached the standard of care prior to or during the birth or during pregnancy.

Damages

Pregnancy is one of the most exciting and nerve-wracking times in a parent's life. Parents want their children to be perfect, and doctors do everything to avoid birth defects. Unfortunately, negligence and carelessness on the part of medical professionals can increase the chance of birth injuries and defects. If this happens families that are shocked might want to pursue justice via a birth defect lawsuit.

A successful birth defect lawsuit can result in damages for a variety of different things. These include a victim's suffering and suffering and loss of consortium, medical expenses and lost earning capacity. The amount of damages that a victim will receive depends on the degree of the child's health, and how much it has affected their standard of living.

Environmental exposures can result in birth defects and birth injuries. Studies have proven that certain chemicals, such as pesticides, fungicides and lead, as well as paints and heavy metals may increase the likelihood of birth defects. Birth defect lawyers have filed lawsuits against companies that exposed employees to harmful chemicals and pharmaceutical companies that make drugs like DES that can cause birth deformities in fetuses.

If you suspect that medical malpractice caused your child's birth injury or birth defect, you must 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 it could mean that your child will never receive the justice they deserve.

Statute of limitations

A statute of limitations is a law that defines the deadline for when a person is allowed to file a civil claim. If a person misses the deadline, they lose their right to seek damages from a defendant. Birth injury cases can have a more complicated time limit than other medical malpractice claims.

A lawsuit is typically filed against the hospital or doctor that caused injuries to a patient during labor and birth. These cases are commonly called birthing injury lawsuits or wrongful birth suits though Florida's laws allow parents to bring a medical malpractice lawsuit for the death of an infant.

In a medical malpractice case the plaintiff must prove the at-fault doctor did not follow the standard of care and consideration another medical professional would have followed in similar circumstances. This includes failing diagnose a serious illness, such as low levels of oxygen during childbirth which can result in cerebral palsy and brain damage.

The first step in filing a birth defect lawsuit is to contact a skilled attorney. Many attorneys provide free consultations and case reviews to potential clients. If an attorney is convinced that a client's claim is valid, they will review the medical documents of the client, and they will hire experts to assess the evidence. They will also assist in preparing documents and file the medical malpractice lawsuit within the timeframe.

Expert Witnesses

In a birth injury case it is crucial to have experts who can explain medical practices and procedures to a jury. Expert witnesses can be difficult to testify because they have to scrutinize a vast amount of data to make decisions that are based on evidence rather than opinions. They must also be willing to provide evidence on matters that could contradict their beliefs.

In the Daubert Case, the plaintiffs' expert suggested that Bendectin was responsible for the birth defect in their child. The judge ruled that the evidence was "at the forefront of scientific research, where evidence meets theories and certainty dissolves into probabilities." However, he did not believe there was enough proof that Bendectin caused birth defects.

The Daubert decision was a blow to plaintiffs that had filed suit against pharmaceutical companies in an attempt to get justice. There are various ways in which an injured person could pursue a birth defect lawsuit.

A Philadelphia birth defect attorney can assist those suffering from birth defects to determine if they have a case. A lawyer can help victims determine if they're eligible to file a personal lawsuit or a class action. In some cases an attorney may be able to bring a lawsuit on behalf of a birth injuries as part multidistrict litigation. Fill out the form to receive a confidential and free consultation with an attorney.

Representation

Modern technology and recent advances in the medical field may have decreased the risk of complications occurring during pregnancy and childbirth, however they're not completely eliminated. Parents can take legal action if they suffer a birth defect or birth injury occurs, and the reason could have been prevented.

Medical negligence cases typically result from a doctor's inability to identify or treat a problem. For instance, a doctor could neglect to perform an ultrasound exam or make an error during surgery, resulting in a birth defect similar to 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 dangers while the baby develops 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 instances birth defects may reduce a baby's lifespan or cause significant medical expenses.

Contact a birth defect lawyer now if you believe the birth defect or injury was caused by medical negligence or malpractice during pregnancy or labor. A lawyer can help determine your options and make a claim prior to the deadline for filing a claim expires. A lawyer can also negotiate a settlement with the responsible parties for the injury suffered by your infant.