How to File a Birth Defect Lawsuit

Modern technology and advancements in medicine have dramatically reduced the risks associated with the birth of a child. However, birth defects or injury still happens frequently.

A birth defect lawsuit seeks to pay your child's medical expenses, education costs and other damages. To be able to pursue an action, you must establish that a medical professional violated the standard of care prior to or during pregnancy or delivery.

Damages

Pregnancy is among the most exciting and stressful times in a parent's life. Parents want their children to be perfect, and doctors try to do everything they can to prevent birth defects from occurring. Medical negligence and birth defect lawyers carelessness can increase the risk for birth defects and injuries. Families who are shocked by this news should think about taking legal action to remedy a birth defect.

A successful birth defect lawsuit could result in damages for many different things. These include the victim's pain and suffering and loss of consortium medical expenses, and loss of earning capacity. The amount of damages the victim will be awarded is contingent on the severity of the child's illness and how it has affected their quality of living.

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

If you think your child's birth defect, or birth injury is the result of medical malpractice, it is important to consult a reputable birth defect lawyer as soon as you can. In some states, you have only one year to file a suit for medical malpractice. If you wait and you don't, your child won't get the justice they deserve.

Statute of Limitations

A statute of limitation is a law that defines the time limit for filing a civil lawsuit. If a person misses the deadline, they lose their right to seek damages from a defendant. Birth injury cases may have more complicated statutes of limitations than other types of medical malpractice cases.

A lawsuit is typically brought against the doctor or hospital who caused injury to an individual during labor and birth. These cases can be known as birthing injuries lawsuits or wrongful birth lawsuits, however Florida's laws allow parents to file a malpractice lawsuit for the death of a baby.

In a medical malpractice case the victim must prove the at-fault doctor failed to adhere to the standards of care and consideration that any other medical professional would have followed in similar circumstances. This includes failing to diagnose serious conditions like low oxygen levels in childbirth which can result in cerebral palsy and brain damage.

The first step to file a birth defect lawsuit is to get in touch with a skilled attorney. Many attorneys provide free consultations and case reviews to potential clients. If the lawyer believes that a client has a valid claim they will review medical records and engage expert witnesses to assess the evidence. They will also assist in preparing documents and file the medical malpractice lawsuit within time.

Expert Witnesses

In the case of a birth injury it is essential to have experts who can explain medical practices and procedures to jurors. Expert witnesses can be difficult since they must carefully examine the vast amount of information to be able make decisions in accordance with facts rather than opinion. They must also be prepared to testify about information that might contradict their positions.

In the Daubert Case, the plaintiffs' expert suggested that Bendectin was responsible for their child's birth defect. The judge ruled that the evidence was on the "cutting edge of research in science, where reality is matched by theory, and certainty turns into probabilities." However the judge did believe that there was sufficient evidence to prove that Bendectin increased the chance of developing birth defects.

The Daubert decision was a blow to plaintiffs who had filed lawsuits against pharmaceutical companies in an effort to obtain justice. There are various ways in which an injured person could pursue a lawsuit for birth defects.

A Philadelphia birth defect lawyer will assist the victims to determine if they have a case. A lawyer can determine whether the plaintiff is eligible to file a lawsuit on their own or as part of an action class. In certain instances, a lawyer can make a birth injury claim as part of multidistrict lawsuit (MDL). To start by filling out the form on this page for an initial consultation for free and confidential with a professional attorney.

Representation

While modern technology and recent advances in medicine have drastically reduced the chance of complications during pregnancy and childbirth However, they aren't eliminated. If a birth defect injury occurs, and the cause could have been avoided, parents can seek legal action to cover costs related to treatment.

Medical negligence claims are often based on a doctor's failure diagnose or treat a condition. For example, a physician could neglect to perform an ultrasound exam or make an error during surgery, resulting in a birth defect like spina bifida. Other common causes of a birth defect lawsuit include an ineffective medication for the mother or exposure to chemicals or other environmental hazards while the baby develops in the womb.

A birth defect lawyers defect can affect any part of a newborn's body and impact their health, function and appearance. In some instances birth defects may reduce a baby's lifespan or cause significant medical expenses.

If you think your child's birth defect or injury was the result of medical malpractice or negligent care during labor or birth consult a certified birth defect attorney today. A lawyer can help identify your options and make a claim prior to the statute of limitations expires. A lawyer may also be able to negotiate the settlement on behalf of you with the parties accountable for your child's injuries.