How to File a Birth Defect Lawsuit

Modern medicine and technology have greatly reduced the risks of childbirth. But, a birth defect or injury still happens frequently.

A birth defect lawsuit seeks to compensate your child for medical expenses, educational costs and other damages. You must prove that the medical professional involved did not follow the standard of care during or before pregnancy or delivery.

Damages

Pregnancy is among the most exciting and stressful moments in the life of a mother. Parents want their babies to be perfect, and doctors try to do their best to prevent birth defects from happening. Unfortunately, negligence and carelessness on the part of medical professionals can increase the chance of birth injuries and defects. When this occurs an astonished family ought to consider pursuing justice through a birth defect law firm defect lawsuit.

A successful birth defect suit could result in damages for many different things. This includes suffering for the victim along with loss of consortium and medical costs, as well as lost earning capacity. The amount of damages a person suffers will depend on the severity of their child's condition and the extent that it has affected with their quality of life.

Birth injuries and birth defects can be caused by a variety of causes such as exposure to environmental factors. Studies have shown that certain chemicals such as pesticides, fungicides lead, paints, and heavy metals can increase the likelihood of birth defects. Birth defect lawyers have brought suits against businesses that have exposed workers to hazardous chemicals, as well as against pharmaceutical companies who have manufactured products that cause birth defects in fetuses, such as DES.

If you suspect that medical malpractice caused the birth injury of your child or birth defect, you should consult a lawyer for birth defects immediately. In certain states, you are given one year to file a lawsuit claiming medical malpractice. If you put off filing a lawsuit for a longer period this could mean that your child will never get the justice they deserve.

Statute of Limitations

A statute of limitations is a law that defines the time limit for a person to file a civil action. A person who misses a deadline loses the right to pursue a defendant for damages. Birth injury claims can be more complex in terms of the statute of limitations than other medical malpractice claims.

A lawsuit is usually filed against the doctor or the hospital that caused injuries to a patient during labor and birth. These cases are often known as birthing injuries suits or wrongful birth lawsuits, however Florida's laws permit parents to file a malpractice lawsuit for the death of an infant.

In order to prove medical malpractice, the party who suffered must prove that the doctor at fault did not adhere to the standards of care and consideration required by a different health medical professional in similar circumstances. This includes failing to diagnose an illness that is serious, for example, low levels of oxygen in the childbirth process which can lead to cerebral palsy and brain damage.

The first step in filing a birth defect lawsuit is to contact an experienced attorney. A majority of attorneys offer free consultations to prospective clients. If an attorney is convinced that the claim of a client is valid they will go over the medical records of the client and then hire experts to analyze them. They can also assist in the preparation of documents and filing the medical malpractice lawsuit in time.

Expert Witnesses

In a case which involves birth injuries, it is vital to have medical experts that can explain to a jury the medical procedures and practices. Expert witnesses can be difficult because they have to scrutinize an extensive amount of information to be able to make decisions that are based on evidence rather than opinion. They must also be willing to testify about facts that could contradict their position.

In the Daubert case the plaintiffs' experts suggested that Bendectin contributed to the birth defects of their child. The judge ruled that the evidence was "at the forefront of research in science where fact meets theories and the certainty is transformed into probabilities." However he was not convinced there was enough evidence to conclude that Bendectin caused birth defect attorney defects.

The Daubert ruling was a setback for plaintiffs, who had sued pharmaceutical companies to obtain justice. There are various ways in which an injured party may pursue a lawsuit for birth defects.

A Philadelphia birth defect lawyer can assist victims in determining whether they're eligible for a claim. A lawyer can assist victims determine if they're qualified to file a lawsuit on their own or a class action. In some cases lawyers can file a lawsuit for birth injury as part a multidistrict lawsuit. Fill out the form to receive a private and free consultation with an attorney.

Representation

While modern technology and recent advancements in the medical field have significantly reduced the risk of complications during childbirth and pregnancy However, they aren't eliminated. Parents can pursue legal action if a birth injury or defect occurs, and the reason could have been prevented.

Medical negligence claims tend to be caused by a doctor's inability to identify or treat an illness. For example, a physician may not perform an ultrasound test or make an error during surgery, which could result in a birth defect such as spina bifida. Other causes that can lead to a birth defect lawsuit include an ineffective 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 the body of a baby and affect their health, functioning and appearance. In certain instances the birth defect can severely reduce a baby's life expectancy or lead to an enormous amount of medical costs.

If you suspect that your child's birth defect or injury was the result of medical malpractice or negligent care during pregnancy or labor seek out a qualified birth defect lawyer today. A lawyer can help you identify your options and make a claim before the statute of limitations expires. A lawyer may also be competent to negotiate an agreement on behalf of you with the responsible parties for the injury to your child.