How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have greatly reduced the risk of birth. Birth defects or injuries occur frequently.

A birth defect lawsuit seeks compensation for your child's medical expenses as well as educational costs and other expenses. To pursue an action, you must demonstrate that medical professionals violated the standard of care prior to or during pregnancy, or during the delivery.

Damages

Pregnancy is among the most exciting and stressful moments in the life of a mother. Parents want their children to be perfect, and doctors do everything to prevent birth defects. Inattention to medical issues and negligence can increase the risk of birth defects and injuries. If this happens families that are shocked may want to seek justice through a birth defect lawsuits defect lawsuit.

A successful birth defect lawsuit can result in damages for a number of different things. These include a victim's pain and suffering as well as loss of consortium, medical expenses, and loss of 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 defects and birth injuries can be caused by a number of causes which include environmental exposures. Studies have proven that certain chemicals like fungicides, pesticides and lead, as well paints, and heavy metals can increase the chance of birth defects. Birth defect lawyers have filed lawsuits against companies who exposed workers to harmful chemicals as well as pharmaceutical companies that produce drugs like DES that can cause birth deformities in fetuses.

If you suspect that your child's birth defect or birth injury was caused by medical malpractice, it is important to speak with a skilled birth defect lawyer as quickly as possible. In some states, you only have one year to file a medical negligence suit, and waiting longer than that can mean losing the chance to receive the justice you deserve for your child's injury.

Statute of Limitations

A statute of limitation is a law which establishes the deadline for someone to file a civil lawsuit. If a person fails to meet the deadline, they lose their right to recover damages from a defendant. Birth injury claims have a more complicated statute of limitations than other medical malpractice claims.

A lawsuit is typically filed against the medical professional or hospital that caused a patient's injuries during labor and birth. These cases can be known as birthing injuries suits or wrongful birth lawsuits however Florida's laws allow parents to file a malpractice lawsuit for the death of an infant.

In a medical malpractice case, the injured party must prove the at-fault doctor failed to adhere to the standard of care and consideration that any other medical professional would have followed in similar circumstances. This includes failing to recognize a serious illness, such as low levels of oxygen in the childbirth process which can lead to cerebral palsy and brain damage.

The first step to file a birth defect lawsuit is to reach a skilled attorney. A majority of attorneys offer free consultations for potential clients. If the lawyer believes that a client has a valid claim, they will review medical records and hire expert witnesses to assess them. They can also assist in the preparation of documents and file the medical malpractice lawsuit within the timeframe.

Expert Witnesses

In a case with birth injuries, it is vital to have medical experts who can explain to a jury the medical procedures and practices. However, expert witnesses can be difficult to work with as they must carefully examine massive amounts of evidence and be able to make decisions based on facts rather than opinions. Furthermore, they should be able to testify regarding facts that could contradict their beliefs.

In the Daubert case the plaintiffs' experts claimed that Bendectin was the cause of the birth defects of their child. The judge concluded that the evidence was "at the forefront of scientific research where fact meets theories and the certainty is transformed into probabilities." However the judge did not believe there was sufficient evidence to prove that Bendectin caused birth defects.

The Daubert ruling was a setback for the plaintiffs, who had suing pharmaceutical companies to try and win justice. Nonetheless, there are still numerous avenues that the injured party could pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer can provide victims with advice about whether they have an opportunity to file a claim. Lawyers can assist victims determine if they're eligible to file a personal lawsuit or a class action. In certain instances lawyers can start a lawsuit for birth injuries in the context of multidistrict litigation (MDL). Fill out the form to receive a private and free consultation with an attorney.

Representation

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

Medical negligence claims usually stem from a doctor's failure to recognize or treat a condition. For instance, a doctor could neglect to perform an ultrasound examination or make mistakes during surgery, resulting in a birth defect, such as spina bifida. Other causes for 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, function and appearance. In some cases birth defects can shorten a baby's lifespan or cause substantial medical expenses.

Contact an attorney for birth defects today if you believe that your child's birth defect or injury was caused by medical negligence or malpractice during pregnancy or labor. A lawyer can assist you in understanding your options and help make a claim before the time limit expiring. A lawyer might also be in a position to negotiate an agreement on your behalf with the parties responsible for your infant's injury.