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. Birth defects or injuries still occur often.

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

Damages

Pregnancy is among the most exciting and nerve-wracking moments in the life of a parent. Parents want their children to be perfect, and doctors try to do everything possible to prevent birth defects from happening. Unfortunately, carelessness and negligence on the part of medical professionals can increase the chance of birth injuries and birth defects. A family who is shocked by this circumstance should think about the possibility of suing over a birth defect.

A successful birth defect lawsuit can result in damages for a range of different things. These include the victim's pain and suffering, 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 with their daily life.

Birth injuries and birth defects can be caused by a variety of factors such as exposure to environmental factors. Research has shown that certain chemicals like pesticides, fungicides and lead, as well as heavy metals and paints can increase the chance of birth defects. Birth defect lawyers have filed suits against businesses that have exposed workers to harmful chemicals, and also against pharmaceutical companies that have made drugs that can cause birth defects in fetuses, such as DES.

If you suspect that medical malpractice caused the birth injury or birth defect, consult a birth defect lawyer immediately. In certain states, you are given one year to file a lawsuit claiming medical malpractice. If you wait it could mean that your child will never receive the justice they deserve.

Statute of limitations

A statute of limitation is a law which establishes the deadline for an individual to file an action in civil court. If a person fails to meet the deadline will lose the right to sue a defendant for damages. Birth injury cases may have more complex statutes of limitations than other types of medical malpractice claims.

A lawsuit is usually brought against the doctor or hospital who caused injury to a patient during labor and birth defect lawsuits. These cases are often referred to birthing injury lawsuits or wrongful birth lawsuits, however Florida's laws allow parents to file a malpractice lawsuit in the event of the death of an infant.

In a lawsuit for medical malpractice the injured party must prove that the doctor at fault failed to adhere to the expected level of care and consideration another health care provider would have used in similar circumstances. This includes failing to recognize serious conditions like low levels of oxygen during childbirth which could lead to cerebral palsy and brain damage.

The first step to file a birth defect lawsuit is to contact a skilled attorney. Most attorneys offer free consultations and case reviews for prospective clients. If an attorney is convinced that a client's claim is valid they will look over the medical documents of the client and employ experts to assess the records. They will also help prepare documents and file the medical malpractice suit on time.

Expert Witnesses

In cases that involves birth injuries, it is essential to be able to have medical experts provide a jury with the medical practices and procedures. Expert witnesses can be difficult as they must scrutinize the vast amount of information to be able make decisions that are based on evidence rather than opinions. They must also be prepared to testify about things that may contradict their views.

In the Daubert Case the plaintiffs' expert believed that Bendectin is the reason 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 the certainty is transformed into probabilities." However the judge was not convinced there was enough evidence to conclude that Bendectin caused birth defects.

The Daubert ruling was a setback for the plaintiffs who had sued pharmaceutical companies to obtain justice. There are a variety of avenues for a person who has suffered injury to seek a legal action over the birth defect.

A Philadelphia birth defect lawyer can help victims on whether they're eligible for claims. A lawyer can determine if the plaintiff is eligible to file a suit on their own or as part of a class action. In certain cases lawyers may be able to make a birth injury claim in the context of multidistrict litigation (MDL). Fill out the form below to receive a confidential and free consultation with an attorney.

Representation

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

Medical negligence cases typically stem from a doctor's failure to properly diagnose or treat a problem. For instance, a doctor may fail to conduct an ultrasound examination or make mistakes during surgery, which could result in a birth defect, such as spina bifida. Other common causes of birth defect lawsuits include an ineffective medication for the mother or exposure to chemicals or other environmental hazards while the baby is developing in the womb.

A birth defect can affect any part of the body of a baby and affect their health, function and appearance. In certain cases birth defects can shorten a baby's lifespan or cause substantial medical expenses.

Contact a birth defect lawyer today if you suspect that your child's birth defect or birth injury was the result of medical negligence or negligence during labor or pregnancy. A lawyer can assist you identify your options and make a claim before the statute of limitations expires. A lawyer can also negotiate a settlement with the parties accountable for the injury suffered by your infant.