How to File a Birth Defect Lawsuit

Modern technology and medicine have dramatically reduced the risks of childbirth. But, a birth defect or injury can still happen frequently.

A birth defect lawsuit seeks reimbursement for your child's medical expenses, educational costs, and other losses. You must prove that the medical professional involved breached the standard of treatment prior to or during the pregnancy or birth.

Damages

Pregnancy can be one of the most exciting yet nerve-wracking experiences in the life of a parent. Parents want their babies to be perfect and doctors do everything to prevent birth defects. Unfortunately, carelessness and negligence on the part of medical practitioners can increase the risk of birth injuries and birth defects. In the event of this happening families that are shocked might want to pursue justice via a birth defect lawsuit.

A successful birth defect lawsuit can result in damages for a range of different things. These include a 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 degree of the child's health, and how much it has affected their standard of living.

Birth defects and birth injuries can be caused by a number of causes which include environmental exposures. Studies have proven that pesticides, such as fungicides and lead and heavy metals, paints, and heavy metals, may increase the risk of birth defects. Birth defect lawyers have brought suits against businesses that have exposed workers to hazardous chemicals, as well as against pharmaceutical companies that have produced drugs that could cause birth defects in fetuses like DES.

If you suspect that medical error caused the birth injury or birth defect, it is recommended to consult a birth defect lawyer immediately. In certain states, you have only one year to file a lawsuit for medical malpractice. If you wait longer this could mean that your child will not receive the justice they deserve.

Statute of Limitations

A statute of limitations is a law that establishes the deadline for filing a civil lawsuit. If a person fails to meet the deadline, they will lose their right to recover damages from the defendant. Birth injury cases may have more complex statutes of limitations than other types of medical malpractice claims.

A lawsuit is usually filed against the doctor or the hospital that caused a patient's injuries during labor and delivery. These cases are sometimes referred to as birthing injury suits or wrongful birth lawsuits, however, Florida's laws allow parents to file a malpractice lawsuit for the death of a child.

To prove medical malpractice, the injured party will need to show that the doctor responsible did not adhere to the standard of care or consideration expected by another health medical professional in similar circumstances. This could include failing to recognize a serious illness, such as low oxygen levels during childbirth that can cause cerebral palsy and brain damage.

The first step to file a birth defect lawsuit is to contact an experienced attorney. Most attorneys offer free consultations for potential clients. If the attorney is convinced that a client has a valid case, they will look over medical records and hire experts to examine them. They will also assist in preparing documents and file the medical malpractice lawsuit in 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 carefully examine a vast amount of data in order to make a decision that are based on evidence rather than opinions. They should also be prepared to testify about facts that might contradict their opinions.

In the Daubert Case the plaintiffs' expert suggested that Bendectin caused their child's birth defect. The judge concluded that the evidence was "at the forefront of scientific research, where evidence meets theories and certainty transforms into probabilities." However, he did not believe there was enough proof that Bendectin caused birth defect lawsuits defects.

The Daubert ruling was a setback to the plaintiffs, who had filed a lawsuit against pharmaceutical companies to try and achieve justice. Nonetheless, there are still many ways that an injured party may pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer can assist those suffering from birth defects to determine whether they're eligible for a claim. A lawyer can determine if the plaintiff is eligible to file a lawsuit individually or as part of a class action. In some instances attorneys can bring a lawsuit on behalf of a birth injury as part of multidistrict litigation. To start, fill out the form below for a an unreserved and confidential consultation with a reputable attorney.

Representation

Modern technology and recent advances in medicine may have reduced the chance of complications occurring during pregnancy and childbirth, but they're still not completely eliminated. If a birth defect injury occurs and the cause was preventable, parents may seek legal action to recover the costs associated with treatment.

Medical negligence claims are typically based on a doctor's failure diagnose or treat an illness. For example, a physician may not perform an ultrasound exam or make mistakes during surgery, which could result in a birth defect such as spina bifida. Other causes that can lead to a birth defect lawsuit include an ineffective medication for the mother or exposure to chemicals or other environmental hazards as the baby develops in the womb.

A birth defect can affect any part of the body of a baby and affect their health, performance and appearance. In certain instances, a birth defect can drastically reduce a baby's life expectancy, or cause significant medical costs.

If you think your child's birth defect or injury was due to negligence or medical malpractice during labor or pregnancy get in touch with a reputable birth defect attorney today. A lawyer can assist you to discover your options and submit a claim before the statute of limitations expires. A lawyer may also be capable of negotiating settlements on behalf of you with the responsible parties for your child's injuries.