How to File a Birth Defect Lawsuit

Modern medicine and technology have greatly reduced the risk of childbirth. However, birth defects or injury still occurs frequently.

A birth defect lawsuit seeks to compensate your child for medical expenses, educational costs and other losses. You must prove that the medical professional in question violated the standard treatment during or prior to the pregnancy or birth.

Damages

Pregnancy can be one of the most exciting yet nerve-wracking experiences in the life of a parent. Parents want their babies to be perfect, and doctors work to do their best to stop birth defects from happening. Unfortunately, negligence and carelessness on the part of medical practitioners can increase the chance of birth injuries and birth defects. A family that is shocked by this incident should think about taking legal action to remedy a birth defect.

A successful birth defect lawsuit may result in damages for a variety of different things. This includes suffering and pain for the victim as well as loss of consortium, medical costs, as well as loss of earning capacity. The amount of damages that a victim will receive depends on the severity of the child's condition and how much it has affected their quality of living.

Birth injuries and birth defects can be caused by a number of causes which include exposure to environmental factors. Studies have proven that certain chemicals, like pesticides, fungicides and lead, as well paints and heavy metals can increase the risk of birth defects. Birth defect lawyers have filed lawsuits against companies that have exposed workers to hazardous chemicals, as well as against pharmaceutical companies that have developed products that cause birth defects in fetuses, such as DES.

If you suspect that medical malpractice caused your child's birth injury or birth defect, it is recommended to consult a lawyer for birth defects immediately. In some states, there's only one year to file a medical malpractice suit, and waiting any longer than that can mean losing your chance of getting the justice you deserve for your child's injury.

Statute of Limitations

A statute of limitation is a law which establishes the deadline for an individual to file a civil lawsuit. If a claimant fails to file by the deadline, they will lose the right to collect damages from a defendant. Birth injury cases could have more complicated statutes of limitations than other types of medical malpractice claims.

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

In a medical malpractice lawsuit the plaintiff must prove that the doctor at fault did not adhere to the expected level of care and consideration that another medical professional would have applied in similar circumstances. This includes failing to diagnose serious conditions like low levels of oxygen during childbirth which can result in cerebral palsy and brain damage.

A qualified attorney should be the first step in filing an action for birth defects. A majority of attorneys offer free consultations for potential clients. If the attorney believes a client has a valid claim, they will review medical records and Birth defects engage experts to review the evidence. They will also assist in preparing documents and file the medical malpractice suit on time.

Expert Witnesses

In a case involving birth injuries, it is crucial to be able to have medical experts provide a jury with the medical practices and procedures. Expert witnesses aren't easy to work with because they must scrutinize huge amounts of information and be able to make decisions based upon facts rather than their opinions. Additionally, they must be willing to testify about information that might contradict their views.

In the Daubert case the plaintiffs' experts claimed that Bendectin caused their child's birth defects. The judge ruled that the evidence was on the "cutting edge of scientific research, where evidence meets theory, and certainty transforms into probability." However, the judge did not believe there was sufficient evidence to prove that Bendectin doubled a baby's chance of developing birth defects.

The Daubert ruling was a setback for plaintiffs, who had suing pharmaceutical companies to try and win justice. However, there are many ways that an injured person could pursue a lawsuit for birth defects.

A Philadelphia birth defect lawyer can assist those suffering from birth defects to determine whether they're eligible for a claim. Lawyers can determine if an individual plaintiff is eligible to pursue a lawsuit by themselves or as part of a class action. In some cases lawyers may be able to bring a birth injury lawsuit as part of multidistrict litigation (MDL). To get started complete the form below for a a free and confidential consultation with a licensed attorney.

Representation

Although modern technology and recent advances in the field of medicine have greatly reduced the risk of complications during pregnancy and childbirth However, they aren't eliminated. Parents can take legal action if a birth defect or birth injury occurs, and the cause could have been prevented.

Medical negligence claims tend to be caused by a doctor's inability to diagnose or treat an illness. A doctor might fail to perform an ultrasound or make a mistake in surgery, leading to birth defects such as spina bifida. Birth defects can be caused by the wrong medication taken by the mother, or exposure to chemicals or other environmental dangers during the child's development during the womb.

A birth defect can affect any part of a newborn's body and impact their health, function and appearance. In some cases birth defects can dramatically reduce a child's life expectancy or lead to significant medical expenses.

Contact an attorney for birth defects immediately if you believe your child's birth injury or defect was the result of medical negligence or mistakes during labor or pregnancy. A lawyer can assist you identify your options and submit a claim before the statute of limitations expires. A lawyer might also be capable of negotiating the settlement on your behalf with the parties accountable for the injuries your infant sustained.