How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have significantly reduced the risks associated with childbirth. However, birth defects or injury can still happen frequently.

A birth defect lawsuit seeks reimbursement for your child's medical expenses, educational costs, and other losses. To be able to file an action, you must establish that medical professionals violated the standard of care before or during pregnancy or the birth of your child.

Damages

Pregnancy is among the most exciting and nerve-wracking times in a parent's life. 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 practitioners can increase the risk of birth injuries and birth defects. In the event of this happening the family of the victim should consider seeking justice through a birth defect lawsuit.

A successful birth defect lawsuit could result in damages for a number of different things. This can include the suffering and suffering and loss of consortium medical expenses and lost earning capacity. The amount of compensation the victim will be awarded is contingent on the degree of the child's health and how it has affected their standard of life.

Birth injuries and birth defects can be caused by a variety of factors such as exposure to environmental factors. Studies have proven that certain chemicals, like fungicides, pesticides lead, paints and heavy metals may increase the chances of birth defects. Birth defect lawyers have brought suits against companies that exposed workers to these harmful chemicals, and against pharmaceutical companies that have made drugs that can cause birth defects in fetuses like DES.

If you suspect medical malpractice caused the birth injury or birth defect, it is recommended to consult a lawyer for birth defects immediately. In some states, you have only one year to file a lawsuit for medical malpractice. If you wait longer this could mean that your child won't get the justice they deserve.

Statute of Limitations

A statute of limitation is a law which establishes the time limit for someone to file an action in civil court. Anyone who fails to meet a deadline will lose the right to pursue a defendant for damages. Birth injury cases can be more complex in terms of the time limit than other medical malpractice claims.

A lawsuit is typically brought against the hospital or doctor who caused injury to the patient during labor and delivery. These types of cases are typically called birthing injuries lawsuits or wrongful birth suits although Florida's laws allow parents to make a claim for medical malpractice for the death of an infant.

In order to prove medical negligence, the person who was injured will need to show that the doctor who was at fault was not able to meet the standards of care and consideration required by a different health healthcare provider in similar circumstances. This includes not being able to identify an illness that is serious like low levels of oxygen during childbirth that cause brain damage and cerebral palsy.

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 is convinced that the client's claim is legitimate they will go over the medical records of the client and hire experts to evaluate the evidence. They can also assist in the preparation of documents and file the medical malpractice lawsuit within time.

Expert Witnesses

In a case involving a birth injury it is crucial to have experts who can explain medical practices and procedures to a jury. Expert witnesses can be difficult to work with since they have to carefully review huge amounts of information and make decisions based on the facts rather than opinions. They should also be able to provide evidence on matters that might contradict their opinions.

In the Daubert Case the plaintiffs' expert believed that Bendectin is the reason for the birth defect in their child. The judge found that the evidence was at the "cutting edge of research in science, where fact meets theory and certainty dissolves into probabilities." However the judge did believe that there was sufficient evidence to prove that Bendectin increased the chance of developing birth defects.

The Daubert ruling was a setback for the plaintiffs who had sued pharmaceutical companies to obtain justice. However, there are various ways in which the injured party could pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer can provide victims with advice about whether they are eligible for a right to sue. A lawyer can decide if the plaintiff is eligible to pursue a lawsuit by themselves or as part of a class action. In certain cases lawyers can bring a birth injury lawsuit as part of multidistrict lawsuit (MDL). To begin complete the form on this page to request a an unreserved and confidential consultation with a professional lawyer.

Representation

Although the advancements in technology and advancements in the medical field have significantly reduced the risk of complications during pregnancy and childbirth, they are not entirely eliminated. Parents may pursue legal action if they suffer a birth defect lawsuits defect or birth injury occurs, and the cause could have been prevented.

Medical negligence claims usually stem from a doctor's failure to diagnose or treat a problem. For example, a physician might fail to conduct an ultrasound screening or make an error during surgery, resulting in a birth defect like spina bifida. Other causes for a birth defect lawsuit include insufficient medication for the mother or exposure to chemicals or other environmental hazards when the baby is growing in the womb.

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

Contact a birth defect lawyer today if you believe that your child's birth defect or injury was caused by medical negligence or carelessness during labor or birth. A lawyer can help explain your options and help file a claim prior to the statute of limitations expiring. A lawyer may also be competent to negotiate a settlement on your behalf with the responsible parties for the injuries your infant sustained.