How to File a Birth Defect Lawsuit

Modern medical and technological advances have significantly reduced the risks of childbirth. However, birth defects or injury can still happen frequently.

A birth defect lawsuit seeks to compensate your child for medical expenses, education costs and other losses. You must prove that the medical professional who was involved did not follow the standard of care during or before the birth or delivery.

Damages

Pregnancy is among the most exciting and nerve-wracking times in a parent's life. Parents want their babies to be perfect, and doctors try to do all they can to stop birth defects from happening. However, carelessness and negligence on the part of medical professionals can increase the chance of birth injuries and birth defects. Families who are shocked by this news should think about the possibility of suing over a birth defect.

A successful birth defect lawsuit may result in damages for a number 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 a victim will receive depends on the severity of the child's condition and how much it has affected their standard of life.

Birth injuries and birth defects can be caused by a variety of factors such as environmental exposures. Studies have proven that certain chemicals like pesticides, fungicides and lead, as well as paints, and heavy metals can increase the chance of birth defects. Birth defect lawyers have brought lawsuits against companies that exposed workers to harmful chemicals, and also against pharmaceutical companies who have manufactured drugs that could cause birth defects in fetuses, such as DES.

If you suspect that medical malpractice caused the birth injury or birth defect, it is recommended to consult a lawyer for birth defects immediately. In some states, you are given one year to file a lawsuit for medical malpractice. If you put off filing a lawsuit for a longer period and you don't, your child will not receive the justice they deserve.

Statute of limitations

A statute of limitation is a law that sets the deadline for an individual to file a civil lawsuit. A person who misses an expiration date will lose the right to sue a defendant for damages. Birth injury cases could have more complicated statutes of limitations than other kinds of medical malpractice claims.

A lawsuit is typically filed against the hospital or doctor that caused injuries to a patient during labor and birth. These cases are usually called birthing injuries lawsuits or wrongful birth suits, however Florida's laws permit parents to pursue a medical malpractice suit for an infant's death.

In a case of medical malpractice, the injured party must prove that the doctor at fault failed to adhere to the standards of care and consideration that another medical professional would have applied in similar circumstances. This includes failing to recognize an illness that is serious like low oxygen levels during childbirth that result in cerebral palsy or brain damage.

A qualified attorney should be the first step to filing a lawsuit against birth defects. A majority of attorneys offer free consultations to potential clients. If the attorney believes a client has a valid claim they will look into medical records and appoint expert witnesses to assess them. They will also assist in preparing documents and file the medical malpractice suit on time.

Expert Witnesses

In a case with birth injuries, it is vital to have medical experts who are able to explain to a jury the medical procedures and practices. Expert witnesses can be difficult to testify because they must scrutinize a large amount of information in order to make a decision in accordance with facts rather than opinions. Additionally, they must be willing to testify on information that might contradict their opinions.

In the Daubert case the plaintiffs' experts suggested that Bendectin caused their child's birth defects. The judge ruled that the evidence was on the "cutting edge of scientific research, where fact is matched by theory, and certainty turns into probability." However the judge did believe there was enough evidence that Bendectin increased the chance of developing birth defects.

The Daubert ruling was a setback to the plaintiffs, who had suing pharmaceutical companies to try and achieve justice. Nonetheless, there are still many ways that an injured party may pursue a lawsuit for birth defects (Https://speedgh.com).

A Philadelphia birth defect attorney can assist those suffering from birth defects to determine whether they have a case. Lawyers can assist plaintiffs determine if they are eligible to file a lawsuit as an individual or a class action. In certain situations a lawyer may file a birth injury lawsuit as part of multidistrict litigation (MDL). To get started, fill out the form here for the opportunity to have a no-cost and confidential consultation with a reputable lawyer.

Representation

Modern technology and recent advances in medicine may have decreased the risk of complications that can occur during pregnancy and childbirth, however they're still not completely eliminated. If a birth defect or injury occurs and the cause is preventable, parents can seek legal action to cover costs associated with treatment.

Medical negligence claims typically stem from a doctor's failure to diagnose or treat a condition. A physician may fail to conduct an ultrasound or make a mistake in surgery, leading to birth defects such as spina bifida. Birth defects can be caused by a wrong medication taken by the mother or exposure to chemicals and other environmental hazards during the baby's development during the womb.

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

Contact an attorney for birth defects immediately if you believe your child's birth injury or defect was caused by medical negligence or mistakes during labor or pregnancy. A lawyer can assist you in understanding your options and assist you to make a claim before the statute of limitations expiring. A lawyer might also be able to negotiate a settlement on your behalf with the parties accountable for the injuries your infant sustained.