How to File a Birth Defect Lawsuit

Modern medicine and technology have greatly reduced the risk of childbirth. Birth defects or injuries continue to occur frequently.

A birth defect lawsuit seeks to pay your child's medical expenses, education costs and other losses. You must prove that the medical professional involved did not follow the standard of treatment during or prior to the birth or during pregnancy.

Damages

Pregnancy is among the most exciting and stressful times in a parent's life. Parents want their babies to be perfect, and doctors do everything to avoid birth defects. However, carelessness and negligence on the part of medical professionals can increase the risk of birth injuries and defects. A family that is stricken by this situation should consider seeking legal action for a birth defect.

A successful birth defect lawsuit could result in damages for a variety of different things. These include the victim's pain and suffering as well as loss of consortium, medical expenses, and loss of earning capacity. The amount of damages a victim receives will depend on the severity of their child's medical condition and the extent to which it has impacted with their quality of life.

Environmental exposures can result in birth injuries and birth defects. Research has shown that pesticides such as lead and fungicides, as well paints, heavy metals and heavy metals, can increase the risk of birth defects. Birth defect lawyers have brought suits against businesses that have exposed workers to harmful chemicals, and against pharmaceutical companies that have developed medications that can cause birth defects in fetuses, such as DES.

If you think your child's birth defect, or birth injury was the result of medical malpractice, you should consult a reputable birth defect lawyer as soon as you can. In certain states, there is only one year to file a medical malpractice suit, and if you wait longer than that can 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 which establishes the time limit for an individual to file an action in civil court. Anyone who fails to meet a deadline will lose the right to seek damages from a defendant. Birth injury cases could have more complex statutes of limitations than other types of medical malpractice cases.

A lawsuit is usually brought against the hospital or doctor that caused an injury to the patient during labor and birth defect attorneys. These cases are often called birthing injury lawsuits or wrongful birth suits however Florida's laws permit parents to file a medical malpractice suit for an infant's death.

In order to prove medical malpractice, the injured party must prove that the doctor who was at fault did not follow the level of care and consideration expected by another health medical professional in similar circumstances. This includes failing in diagnosing an illness of serious severity, such as low levels of oxygen in the childbirth process that result in cerebral palsy or brain damage.

Contacting a reputable attorney is the first step to file a lawsuit against birth defects. Many attorneys provide free consultations for potential clients. If an attorney believes the claim of a client is legitimate they will look over the medical documents of the client and employ experts to evaluate the evidence. They can also assist in the preparation of documents and file the medical malpractice lawsuit in time.

Expert Witnesses

In a birth injury case it is essential to have experts who can explain medical procedures and practices to a jury. However, expert witnesses aren't easy to work with as they must be able to scrutinize massive amounts of information and be able to make decisions based on facts rather than opinions. They should also be able to testify on facts which may contradict their opinion.

In the Daubert case, the plaintiffs' experts argued that Bendectin contributed to the birth defects of their child. The judge ruled that the evidence was at the "cutting edge of scientific research, where fact meets theory, and certainty transforms into probabilities." However the judge did not believe there was enough evidence to prove that Bendectin doubled a baby's chance of developing birth defects.

The Daubert decision was a blow to plaintiffs who had filed a lawsuit against pharmaceutical companies seeking justice. Nonetheless, there are still various ways in which an injured person could pursue a lawsuit for birth defects.

A Philadelphia birth defect lawyer can provide victims with advice on whether they have claims. A lawyer can help clients determine if they're eligible to file a lawsuit on their own or a class action. In certain cases attorneys can start a lawsuit for birth injuries as part multidistrict litigation. Complete the form below to get a confidential and free consultation with an attorney.

Representation

Although the latest technology and advances in the field of medicine have significantly reduced the risk of complications during pregnancy and childbirth however, they are not completely eliminated. Parents may pursue legal action if a birth injury or defect occurs, and the cause could have been avoided.

Medical negligence claims are typically result from a doctor's inability diagnose or treat an illness. A physician may fail to conduct an ultrasound or make a mistake during surgery, leading to birth defects such as spina bifida. Birth defects can be caused by improper medication that is taken by the mother, or exposure to chemicals and other environmental hazards during the baby's development in the womb.

A birth defect could affect any part of the newborn's body which can affect their appearance, health, and functionality. In some cases birth defects can decrease the life span of a child or trigger significant medical costs.

Contact a birth defect lawyer immediately if you believe your child's birth defect or injury was the result of medical negligence or malpractice during pregnancy or labor. A lawyer can help you identify your options and file a claim before the statute of limitations expires. A lawyer can also negotiate a settlement with the responsible parties for the injury of your child.