How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have drastically reduced the risks associated with childbirth. Birth defects or injuries occur often.

A birth defect lawsuit seeks to compensate your child for medical expenses, education costs and other losses. To pursue an action, you must demonstrate that a medical professional did not meet the standard of care prior to pregnancy or the birth of your child.

Damages

Pregnancy can be one of the most exciting, yet nerve-wracking events during the lifetime of a parent. Parents want their children to be perfect, and doctors do everything to prevent birth defects. Medical negligence and carelessness can increase the risk of birth defects and injuries. Families who are shocked by this news should think about seeking legal action for a birth defect.

A successful birth defect lawsuit could result in damages for many different things. This can include pain and suffering for the victim as well as loss of consortium, medical costs, as well as loss of earning capacity. The amount of damages a victim receives will depend on the severity of their child's medical condition and the extent to which it has affected with their life quality.

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

If you believe that your child's birth defect, or birth injury was the result of medical malpractice, you should consult a skilled birth defect lawyer as quickly as you can. In some states, you have only one year to file a lawsuit claiming medical malpractice. If you wait this could mean that your child will never receive the justice they deserve.

Statute of limitations

A statute of limitations is a law that determines the deadline for when a person is allowed to file a civil suit. If a person fails to meet the deadline, they lose their right to seek damages from a defendant. Birth injury claims may be more complex in terms of the time limit than other medical malpractice claims.

A lawsuit is usually filed against the doctor or hospital that caused a patient's injuries during labor and birth. These cases are usually called birthing injury lawsuits or wrongful birth suits however Florida's laws permit parents to bring a medical malpractice lawsuit to bring a child's death.

In a medical malpractice case the injured party must prove that the doctor at fault did not adhere to the standard of care and consideration another medical professional would have utilized in similar circumstances. This includes failing to diagnose an illness that is serious, for example, low levels of oxygen during childbirth which can result in cerebral palsy and brain damage.

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 for potential clients. If an attorney is convinced that the client's claim is legitimate they will examine the medical records of the client, and they will hire experts to analyze the claims. They will also assist in preparing documents and file the medical malpractice lawsuit in time.

Expert Witnesses

In a case with birth injuries, it is crucial to have medical experts that can explain to jurors the medical procedures and practices. Expert witnesses aren't easy to work with because they have to carefully review huge amounts of information and be able to make decisions based upon facts rather than their opinions. In addition, they must be prepared to testify about information that might contradict their positions.

In the Daubert case, the plaintiffs' experts claimed that Bendectin caused birth defects in their child. The judge ruled that the evidence was on the "cutting edge of research in science, where fact is matched by theory, and certainty turns into probability." However, Birth Defect Lawyers the judge did not believe there was sufficient proof that Bendectin increased the chance of developing birth defects.

The Daubert decision was an affront to plaintiffs who had filed lawsuits against pharmaceutical companies in an effort to obtain justice. However, there are many avenues for the injured party could pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer can assist victims on whether they have a right to sue. Lawyers 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 start a lawsuit for birth injuries as part of a multidistrict litigation (MDL). To get started by filling out the form below for a the opportunity to have a no-cost and confidential consultation with a licensed lawyer.

Representation

Although the advancements in technology and advances in the field of medicine have greatly reduced the risk of complications during childbirth and pregnancy but they aren't completely eliminated. Parents can pursue legal action if a birth injury or defect occurs, and the reason could have been avoided.

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

A birth defect can affect any part of a newborn's body, Birth defect lawyers and affect their health, performance and appearance. In some cases the birth defect can severely reduce a baby's life expectancy or result in significant medical expenses.

If you suspect the birth defect or injury was the result of medical malpractice or negligent care during labor or pregnancy get in touch with a reputable birth defect attorney today. A lawyer can assist you to understand your options and make a claim before the statute of limitations runs out. A lawyer can also negotiate an agreement with the parties accountable for the injury suffered by your infant.