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 whittier birth defect attorney defect lawsuit seeks to recover for your child's medical expenses education costs, as well as other expenses. You must prove that the medical professional you are suing breached the standard of treatment during or prior to the birth or during pregnancy.

Damages

Pregnancy can be one of the most exciting, but nerve-wracking moments during the lifetime of a parent. Parents want their babies to be perfect and doctors do everything to avoid birth defects. Medical negligence and carelessness can increase the risk for birth defects and injuries. When this happens, a stunned family ought to consider pursuing justice through a birth defect lawsuit.

A successful birth defect lawsuit may result in damages for a range of different things. This includes the victim's pain and suffering, loss of consortium, medical expenses, and loss of earning capacity. The amount of damages that an individual victim will be awarded depends on the severity of the child's illness and how it has affected their standard of life.

Environmental exposures can lead to birth injuries and birth defects. Research has shown that certain chemicals, like pesticides, fungicides and lead, as well paints and heavy metals can increase the likelihood of birth defects. Birth defect lawyers have filed lawsuits against companies that exposed employees to harmful chemicals, as well as pharmaceutical companies that produce drugs like DES that could cause birth defects in fetuses.

If you believe that your child's birth defect or birth injury is the result of medical negligence, you must consult a skilled birth defect lawyer as quickly as you can. In certain states, you are given one year to file a lawsuit against medical malpractice. If you wait longer it could mean that your child will never receive the justice they deserve.

Statute of limitations

A statute of limitations is a law that establishes the time limit for filing an action in civil court. A person who misses a deadline will lose the right to sue a defendant for damages. Birth injury cases could have more complex statutes of limitations than other types of medical malpractice claims.

A lawsuit is typically filed against the hospital or doctor that caused an injury to an individual during labor and delivery. These cases are often known as birthing injuries suits or wrongful birth lawsuits, however, Florida's laws allow parents to file a malpractice suit in the event of the death of a baby.

In a lawsuit for medical malpractice, the injured party must prove the at-fault doctor did not follow the standards of care and consideration other health care providers would have utilized in similar circumstances. This includes failing to diagnose 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 speak with a skilled attorney. Many attorneys provide free consultations to potential clients. If the attorney is convinced that a client has a valid claim they will examine medical records and appoint expert witnesses to assess the case. They can also assist in the preparation of documents and file the medical malpractice lawsuit in time.

Expert Witnesses

In cases involving birth injuries, it is essential to be able to have medical experts provide a jury with the medical procedures and practices. Expert witnesses can be difficult because they have to carefully review an extensive amount of information to be able make decisions that are based on evidence rather than opinions. They also have to be willing to testify about facts that might contradict their beliefs.

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

The Daubert ruling was a setback for the plaintiffs, who had suing pharmaceutical companies to try and achieve justice. However, there are many avenues for the injured party could pursue a lawsuit for birth defect Lawsuit birth defects.

A Philadelphia birth defect lawyer can provide victims with advice on whether they have an opportunity to file a claim. Lawyers can assist clients determine if they're eligible to file a personal lawsuit or a class action. In some cases attorneys can file a lawsuit for birth injury as part of an interdistrict litigation. To start you must fill out the form on this page to request a an unreserved and confidential consultation with a qualified lawyer.

Representation

Modern technology and recent advances in medical technology may have decreased the risk of complications occurring during pregnancy and childbirth but they're still not completely eliminated. If a birth defect, or injury occurs, and the cause is preventable, parents may pursue legal action to pay for the costs related to treatment.

Medical negligence claims typically result from a doctor's inability to recognize or treat a problem. A physician may fail to conduct an ultrasound or make a mistake in surgery, resulting in birth defects like spina bifida. Other common causes of a birth defect lawsuit comprise inadequate medication for the mother or exposure to chemicals or other environmental hazards when the baby is growing in the womb.

A birth defect can affect any part of the newborn's body and affect their appearance, health and functioning. In some cases the birth defect can significantly diminish a baby's life expectancy or result in significant medical costs.

If you suspect your child's birth defect or injury was the result of negligence or medical malpractice during pregnancy or Birth Defect Lawsuit labor, contact a qualified birth defect attorney today. A lawyer can assist you in understanding your options and help you make a claim before the deadline for filing. A lawyer might also be in a position to negotiate settlements on your behalf with the responsible parties for the injury to your child.