How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have greatly reduced the risk of birth. But, a birth defect or injury still happens frequently.

A birth defect lawsuit seeks reimbursement for your child's medical expenses or educational costs, among other expenses. You must prove that the medical professional in question did not follow the standard of treatment prior to or during the birth or during pregnancy.

Damages

Pregnancy can be one of the most exciting, yet nerve-wracking events in the life of a parent. Parents want their babies perfect, and doctors do their best to avoid birth defects. Medical negligence and inattention can increase the risk for birth defects and injuries. A family who is shocked by this incident should think about suing for a birth defect.

A successful birth defect lawsuit can result in damages for many different things. These include a victim's suffering and suffering and loss of consortium medical expenses, and loss of earning capacity. The amount of compensation an individual victim will be awarded depends on the severity of the child's condition and how it has affected their standard of life.

Environmental exposures can result in birth injuries and birth defects. Studies have revealed that pesticides, including lead and fungicides and paints, birth defect lawsuits heavy metals and heavy metals, could increase the risk of birth defects. Birth defect lawyers have filed lawsuits against companies that have exposed workers to these hazardous chemicals, as well as against pharmaceutical companies who have manufactured drugs that can cause birth defects in fetuses, such as DES.

If you suspect that medical malpractice caused the birth injury of your child or birth defect, you must seek out a birth defect lawyer immediately. In certain states, there's only one year to file a medical negligence suit, and birth defect lawsuits waiting any longer than that may mean losing your chance to get the justice you need for your child's injuries.

Statute of limitations

A statute of limitations is a law that sets the time limit for filing an action in civil court. If a person fails to meet the deadline will lose the right to seek damages from a defendant. Birth injury cases can be more complex in terms of the statute of limitations than other medical malpractice claims.

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

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

A qualified attorney should be the first step towards filing a lawsuit for birth defects. Many attorneys provide free consultations to potential clients. If the attorney is convinced that a client has a valid case, they will look over medical records and appoint experts to review the case. They will also help prepare documents and file the medical malpractice lawsuit on time.

Expert Witnesses

In a case involving birth injuries, it's essential to have medical experts who are able to provide a jury with the medical practices and procedures. Expert witnesses can be difficult because they have to carefully review a vast amount of data in order to make a decision in accordance with facts rather than opinions. Additionally, they must be able to testify regarding facts that could contradict their opinions.

In the Daubert case, the plaintiffs' experts suggested that Bendectin was the cause of birth defects in their child. The judge ruled that the evidence was "at the cutting edge of research in science where fact meets theories and certainty dissolves into probabilities." However, he did not believe there was enough proof that Bendectin caused birth defects.

The Daubert ruling was a setback for the plaintiffs who had sued pharmaceutical companies to obtain justice. But there are many ways that the injured party could pursue a birth defect lawsuit.

A Philadelphia birth defect attorney will assist the victims to determine whether they're eligible for a claim. A lawyer can assist plaintiffs determine if they are eligible to file an individual lawsuit or a class action. In some cases attorneys can file a lawsuit for birth injury as part a multidistrict lawsuit. To start, fill out the form here for an unreserved and confidential consultation with a reputable attorney.

Representation

Modern technology and recent advancements in medicine may have reduced the risk of complications occurring during childbirth and pregnancy, but they're not completely eliminated. Parents can pursue legal action if a birth injury or defect occurs, and the reason could have been prevented.

Medical negligence cases typically result from a doctor's inability to identify or treat a problem. For instance, a doctor may fail to conduct an ultrasound exam or make mistakes during surgery, which could result in a birth defect similar to spina bifida. Other causes that can lead to birth defect lawsuits include improper medication for the mother or exposure to chemicals or other environmental hazards as the baby develops in the womb.

A birth defect could affect any part of the newborn's body and affect their health, appearance and function. In some instances the birth defect could dramatically reduce a child's life expectancy or lead to significant medical costs.

If you suspect your child's birth defect or injury was the result of negligence or medical malpractice during pregnancy or labor, contact a qualified birth defect attorney today. A lawyer can assist you to identify your options and submit a claim before the statute of limitations runs out. A lawyer can also negotiate a settlement with the parties responsible for the injury of your infant.