How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have greatly reduced the risks associated with childbirth. But, a birth defect or injury is still a common occurrence.

A birth defect lawsuit seeks compensation for your child's medical expenses, educational costs, and other losses. To be able to file a claim, you need to establish that a medical professional breached the standard of care prior to pregnancy or the birth of your child.

Damages

Pregnancy is one of the most exciting and nerve-wracking moments in the life of a parent. Parents want their babies to be perfect, and doctors try to do everything they can to stop birth defects from happening. Medical negligence and carelessness can increase the risk for birth defects and injuries. When this occurs the family of the victim might want to pursue justice via a birth defect lawsuit.

A successful birth defect lawsuit could result in damages for a number of different things. This includes the victim's pain and suffering, loss of consortium, medical expenses and lost earning capacity. The amount of damages a victim receives will depend on the severity of their child's illness and the extent to which it has interfered with their quality of life.

Birth defects and birth injuries can be caused by a number of factors, including exposure to environmental factors. Research has shown that certain chemicals like fungicides, pesticides lead, paints, and heavy metals can increase the likelihood of birth defects. Birth defect lawyers have filed lawsuits against companies that exposed workers to these hazardous chemicals, as well as against pharmaceutical companies that have made medications that can cause birth defects in fetuses like DES.

If you suspect that medical negligence caused your child's birth injury or birth defect, it is recommended to consult a birth defect lawyer immediately. In certain states, you only have one year to file a medical malpractice lawsuit, and waiting more than that could mean losing the chance to receive the justice you are due for the injury your child sustained.

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 a deadline loses the right to seek damages from a defendant. Birth injury claims have a more complicated statute of limitations than other medical malpractice claims.

A lawsuit is typically brought against the doctor or hospital who caused injury to the patient during labor and birth. These cases are usually referred to as birthing injury lawsuits or wrongful birth suits, however Florida's laws permit parents to bring a medical malpractice lawsuit in the event of a baby's death.

In a lawsuit for medical malpractice, the injured party must prove the at-fault doctor was not adhering to the standard of care and consideration another medical professional would have utilized in similar circumstances. This includes failing diagnose a serious condition such as low oxygen levels during childbirth that can cause cerebral palsy and brain damage.

The first step in filing a birth defect lawsuit is to speak with an experienced attorney. A majority of attorneys offer free consultations to potential clients. If an attorney believes that a client's claim is valid they will examine the medical documents of the client and then hire experts to review the claims. They will also assist in preparing documents and file the medical malpractice suit on time.

Expert Witnesses

In cases involving birth injuries, it is vital to be able to have medical experts explain to a jury the medical procedures and practices. Expert witnesses can be difficult to testify because they have to carefully review a vast amount of data to be able to make decisions based on facts, not opinions. They must also be prepared to testify about information that might contradict their views.

In the Daubert Case the plaintiffs' expert suggested that Bendectin was the cause of the birth defect in their child. The judge concluded that the evidence was at the "cutting edge of research in science, where reality meets theory and certainty dissolves into probabilities." However the judge did not believe there was sufficient evidence that Bendectin doubled the chances of developing birth defects.

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

A Philadelphia birth defect lawyer can assist victims about whether they are eligible for claims. A lawyer can help plaintiffs determine whether they are qualified to file a lawsuit on their own or a class action. In certain cases, an attorney can start a lawsuit for birth injuries as part of a multidistrict lawsuit. To get started complete the form on this page to request a the opportunity to have a no-cost and confidential consultation with a licensed attorney.

Representation

Modern technology and recent advancements in the field of medicine could have reduced the chance of complications occurring during childbirth and pregnancy, but they're not entirely eliminated. If a birth defect or injury occurs, and the cause was preventable, parents can seek legal action to recover the costs related to treatment.

Medical negligence claims often result from a doctor's inability to recognize or treat a problem. Physicians may fail to diagnose an ultrasound or make a mistake during surgery, leading to birth defects, such as spina bifida. Other causes for Birth Defect Lawsuit a birth defect lawsuit include improper 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 body of a newborn that can affect their health, appearance and functioning. In some cases birth defects may reduce the life span of a child or trigger substantial medical expenses.

Contact an attorney for birth defects today if you suspect that your child's birth injury or defect was the result of medical negligence or malpractice during pregnancy or labor. A lawyer can assist you in understanding your options and help you make a claim prior the deadline for filing. A lawyer can also negotiate an agreement with the parties responsible for the injury suffered by your infant.