How to File a Birth Defect Lawsuit

Modern medical technology and medicine have drastically reduced the risks of childbirth. However, birth defects or injury is still a common occurrence.

A birth defect lawsuit seeks to recover for your child's medical expenses as well as educational costs and other expenses. You must prove that the medical professional involved violated the standard care prior to or during the pregnancy or birth.

Damages

Pregnancy is one of the most exciting and nerve-wracking moments in the life of a parent. Parents want their children to be perfect and doctors do everything they can to avoid birth defects. Unfortunately, negligence and carelessness on the part of medical professionals can increase the chance of birth injuries and defects. A family that is stricken by this incident should think about seeking legal action for a birth defect lawyers defect.

A successful birth defect suit could result in damages for a variety of different things. This includes pain and suffering for the victim as well as loss of consortium, medical costs, as well as loss of earning capacity. The amount of damages the victim will be awarded is contingent on the severity of the child's condition and how it has affected their quality of life.

Birth injuries and birth defects can be caused by a number of causes, including exposure to environmental factors. Studies have revealed that certain chemicals like fungicides, pesticides and lead, as well as paints and heavy metals can increase the chance of birth defects. Birth defect lawyers have brought lawsuits against companies that have exposed workers to hazardous chemicals, as well as against pharmaceutical companies who have manufactured drugs that could cause birth defects in fetuses like DES.

If you think your child's birth defect or injury is the result of medical malpractice, you should consult a skilled birth defect lawyer as quickly as possible. In some states, there's only one year to file a medical negligence lawsuit, and waiting more than that could result in losing the chance to receive the justice you need for your child's injuries.

Statute of limitations

A statute of limitations is a law that determines how long a person has to file a civil action. A person who misses an expiration date will lose the right to seek damages from a defendant. Birth injury cases can have more complex statutes of limitations than other types of medical malpractice claims.

A lawsuit is usually filed against the doctor or hospital that caused a patient's injuries during labor and birth. These cases are often known as birthing injury lawsuits or wrongful birth suits though Florida's laws allow parents to pursue a medical malpractice suit in the event of a baby's death.

In a medical malpractice case the victim must prove that the doctor at fault did not follow the standard of care and consideration another health care provider would have followed in similar circumstances. This includes failing to diagnose a serious illness like low levels of oxygen during childbirth which can cause 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 and case reviews for prospective clients. If an attorney believes that a client's claim is valid they will go over the medical documents of the client, and they will hire experts to assess them. They will also assist in preparing documents and filing the medical malpractice suit within time.

Expert Witnesses

In a birth injury case it is crucial to have experts who can explain medical practices and procedures to jurors. Expert witnesses can be difficult to work with because they have to carefully review huge amounts of data and make decisions based on evidence rather than their opinions. They must also be willing to testify about information that might contradict their views.

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

The Daubert decision was an affront to plaintiffs who had filed suit against pharmaceutical companies in seeking justice. But there are many ways that an injured person can pursue a lawsuit for birth defects.

A Philadelphia birth defect lawyer can provide victims with advice on whether they're eligible for a claim. Lawyers can assist plaintiffs determine whether they are eligible to file a lawsuit on their own or a class action. In certain instances lawyers can bring a birth injury lawsuit in the context of multidistrict litigation (MDL). To get started by filling out the form below for a the opportunity to have a no-cost and confidential consultation with a qualified lawyer.

Representation

Modern technology and recent advances in the field of medicine could have decreased the chance of complications arising during childbirth and pregnancy, but they are not completely eliminated. When a birth defect or injury occurs, and the cause was preventable parents can seek legal action to pay for the costs related to treatment.

Medical negligence claims usually stem from a doctor's failure to identify 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. Other common causes of birth defect lawsuits include insufficient medication for the mother or exposure to chemicals or other environmental dangers while the baby is growing in the womb.

A birth defect can affect any part of the body of a newborn which can affect their appearance, health, and function. In certain instances the birth defect could dramatically reduce a child's life expectancy, or cause significant medical costs.

Contact a birth defect lawyer today if you suspect that the birth injury or defect was caused by medical negligence or mistakes during labor or pregnancy. A lawyer can help explain your options and assist you file a claim prior to the statute of limitation expiring. A lawyer may also be in a position to negotiate settlements on behalf of you with the responsible parties for the injuries your infant sustained.