How to File a Birth Defect Lawsuit

Modern medical and technological advances have significantly decreased the risks of childbirth. But, a birth defect or injury is still a common occurrence.

A birth defect lawsuit seeks reimbursement for medical expenses of your child as well as educational costs and other expenses. To pursue such a claim, you must establish that medical professionals breached the standard of care prior to pregnancy or the birth of your child.

Damages

Pregnancy can be one of the most exciting, yet nerve-wracking times during the lifetime of a parent. Parents want their children to be perfect, and doctors try to do everything they can to stop birth defects from happening. However, carelessness and negligence on the part of medical professionals can increase the chance of birth injuries and birth defects. In the event of this happening an astonished family should consider seeking justice through a birth defect lawsuit.

A successful birth defect lawsuit can result in damages for a range of different things. This includes the victim's suffering and suffering as well as loss of consortium, medical expenses and lost earning capacity. The amount of damages a victim receives will depend on the degree of their child's health and the extent to which it has affected with their life quality.

Birth injuries and birth defects can be caused by a number of factors such as environmental exposures. Studies have revealed 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 harmful chemicals, and against pharmaceutical companies that have made products that cause birth defects in fetuses like DES.

If you suspect that your child's birth defect or birth injury was the result of medical malpractice, it is important to consult a skilled birth defect lawyer as soon as possible. In some states, you have only one year to file a lawsuit claiming medical malpractice. If you wait 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. Anyone who fails to meet an expiration date will lose the right to sue a defendant for damages. Birth injury cases have more complex statutes of limitations than other types of medical malpractice cases.

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

In a medical malpractice lawsuit the plaintiff must prove the at-fault doctor did not follow the standard of care and consideration that another medical professional would have used in similar circumstances. This includes failing diagnose an illness that is serious, for example, low levels of oxygen in the childbirth process which can lead to cerebral palsy and brain damage.

The first step in filing a birth defect lawsuit is to contact a skilled attorney. A majority of attorneys offer free consultations and case review to potential clients. If an attorney is convinced that the claim of a client is valid they will examine the medical documents of the client and then hire experts to assess them. They will also assist in preparing documents and file the medical malpractice suit within time.

Expert Witnesses

In a case with birth injuries, it is crucial to be able to have medical experts explain to jurors the medical procedures and practices. Expert witnesses can be difficult because they have to scrutinize the vast amount of information to make decisions based on facts, not opinions. Additionally, they must be prepared to testify about facts that could contradict their opinions.

In the Daubert case, the plaintiffs' experts claimed that Bendectin contributed to their child's birth defects. The judge ruled that the evidence was at the "cutting edge of research in science, where reality meets theory, and certainty transforms into probability." However the judge did believe there was enough proof that Bendectin doubled a baby's risk of developing birth defects.

The Daubert decision was an affront to plaintiffs who had filed a lawsuit against pharmaceutical companies an attempt to get justice. However, there are many ways that an injured person can pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer can provide victims with advice on whether they're eligible for a claim. A lawyer can determine whether the plaintiff is eligible to file a suit on their own or as part of a class action. In certain cases lawyers may be able to start a lawsuit for birth injuries in the context of multidistrict litigation (MDL). To get started complete the form below for a an unreserved and confidential consultation with a licensed attorney.

Representation

Although the advancements in technology and developments in the field of medicine have significantly reduced the risk of complications during pregnancy and childbirth However, they aren't eliminated. When a birth defect or injury occurs, and the cause could have been avoided, parents may seek legal action to cover the costs related to treatment.

Medical negligence claims are often based on a doctor's failure diagnose or treat a disease. For instance, a doctor could neglect to perform an ultrasound test or make mistakes during surgery, resulting in a birth defect, such as 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 when the baby is developing in the womb.

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

If you suspect that the birth defect or injury was the result of negligence or medical malpractice during labor or pregnancy seek out a qualified birth defect attorney today. A lawyer can assist you understand your options and submit a claim before the deadline for filing a claim expires. A lawyer can also negotiate an agreement with the parties responsible for the injuries suffered by your infant.