How to File a Birth Defect Lawsuit

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

A birth defect lawsuit seeks reimbursement for your child's medical expenses education costs, as well as other expenses. To be able to pursue an action, you must establish that medical professionals breached the standard of care before or during pregnancy or delivery.

Damages

Pregnancy is one of the most exciting and stressful experiences a parent can experience. Parents want their children to be perfect, and doctors attempt to do everything possible to prevent birth defects from happening. Unfortunately, negligence and carelessness on the part of medical professionals can increase the chance of birth injuries and birth defects. When this happens an astonished family should consider seeking justice through a birth defect lawsuit.

A successful birth defect lawsuit could result in damages for a range of different things. These include the victim's suffering and suffering and 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 condition and the extent that it has affected with their quality of life.

birth defect attorney injuries and birth defects can be caused by a variety of causes, including environmental exposures. Studies have revealed that certain chemicals like pesticides, fungicides and lead, as well heavy metals and paints can increase the chances of birth defects. Birth defect lawyers have brought suits against companies that exposed workers to these toxic chemicals, as well against pharmaceutical companies that have developed medications that can 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, you should consult a skilled birth defect lawyer as quickly as possible. In certain states, there's only one year to file a medical malpractice suit, and waiting any longer than that could result in losing your chance to get the justice you need for your child's injuries.

Statute of Limitations

A statute of limitations is a law that defines the time limit for a person to file a civil lawsuit. If a person fails to meet the deadline, they will lose their right to seek damages from the defendant. Birth injury claims may have a more complicated statute of limitations than other medical malpractice claims.

A lawsuit is typically brought against the hospital or doctor who caused injury to a patient during labor and delivery. These cases are usually called birthing injury lawsuits or wrongful birth suits though Florida's laws allow parents to bring a medical malpractice lawsuit for the death of an infant.

In a lawsuit for medical malpractice the injured party must prove that the doctor at fault did not follow the standard of care and consideration that another medical professional would have applied in similar circumstances. This includes failing to recognize a serious condition like low oxygen levels during childbirth that cause cerebral palsy and brain damage.

The first step in filing a birth defect lawsuit is to contact an experienced attorney. A majority of attorneys offer free consultations to potential clients. If an attorney is convinced that the client's claim is legitimate they will examine the medical documents of the client and employ experts to review the evidence. They will also help prepare documents and file the medical malpractice lawsuit in time.

Expert Witnesses

In a case involving birth injuries, it's essential to be able to have medical experts explain to a jury the medical procedures and practices. Expert witnesses can be difficult since they have to scrutinize an extensive amount of information to be able make decisions in accordance with facts rather than opinions. They must also be willing to testify on evidence that could contradict their opinion.

In the Daubert case, the plaintiffs' experts claimed that Bendectin contributed to their child's birth defects. The judge concluded 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 not 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 that had filed lawsuits against pharmaceutical companies in an attempt to get justice. There are various ways in which the injured party could pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer can assist victims on whether they're eligible for a right to sue. Lawyers can assist clients determine if they're qualified to file a lawsuit as an individual or a class action. In certain instances a lawyer may file a birth injury lawsuit as part of a multidistrict litigation (MDL). To begin by filling out the form on this page to request a an unreserved and confidential consultation with a professional lawyer.

Representation

While modern technology and recent developments in the field of medicine have significantly reduced the risk of complications during childbirth and pregnancy, they are not entirely eliminated. When a birth defect or injury occurs and the cause was preventable, parents may pursue legal action to recover the costs related to treatment.

Medical negligence claims typically stem from a doctor's failure to recognize or treat a problem. For instance, a doctor may not perform an ultrasound test or make a mistake during surgery, which could result in a birth defect, such as spina bifida. Other causes that can lead to a birth defect lawsuit include improper 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 a newborn's body, and impact their health, function and appearance. In some instances, a birth defect attorney defect can dramatically reduce a child's life expectancy, or cause an enormous amount of medical expenses.

If you believe the birth defect or injury was due to negligence or medical malpractice during pregnancy or labor consult a certified birth defect lawyer today. A lawyer can help you determine your options and submit a claim before the statute of limitations runs out. A lawyer might also be able to negotiate the settlement on behalf of you with the parties accountable for the injuries your infant sustained.