How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have greatly reduced the risk of the birth of a child. Birth defects or injuries continue to occur frequently.

A birth defect lawsuit seeks to recover for medical expenses of your child education costs, as well as other losses. To be able to pursue an action, you must demonstrate that a medical professional violated the standard of medical care prior to or during pregnancy or delivery.

Damages

Pregnancy can be one of the most exciting, yet nerve-wracking experiences during the lifetime of a parent. Parents want their babies to be perfect, and doctors try to do all they can to stop birth defects from happening. Medical negligence and carelessness can increase the risk for birth defects and injuries. A family that is stricken by this incident should think about suing for a birth defect.

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

Environmental exposures can cause birth injuries and birth defects. Studies have proven that pesticides, such as lead and fungicides and 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 these harmful chemicals, and also against pharmaceutical companies that have developed medications that can cause birth defects in fetuses such as DES.

If you suspect that your child's birth defect or birth injury was caused by medical negligence, you must seek out a skilled birth defect lawyer as quickly as possible. In certain states, you have only one year to file a suit for medical malpractice. If you wait longer it could mean that your child will not receive the justice they deserve.

Statute of Limitations

A statute of limitations is a law that determines the time limit for a person to file a civil suit. A person who misses a deadline will lose the right to pursue a defendant for damages. Birth injury cases have more complicated statutes of limitations than other types of medical malpractice claims.

A lawsuit is usually filed against the medical professional or hospital who caused the patient's injuries during labor and delivery. These cases can be called birthing injury lawsuits or wrongful birth lawsuits although Florida's laws permit 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 follow the standards of care and consideration required by a different health healthcare provider in similar circumstances. This includes failing to recognize an illness that is serious, such as low oxygen levels during childbirth that can cause cerebral palsy or brain damage.

The first step to file a birth defect lawsuit is to get in touch with an experienced attorney. Most attorneys offer free consultations and case review to prospective clients. If the attorney believes a client has a valid claim, they will review medical records and appoint expert witnesses to assess their credibility. They will also help prepare documents and file the medical malpractice suit on time.

Expert Witnesses

In a case involving birth injuries it is crucial to have experts who can explain medical procedures and practices to jurors. Expert witnesses can be difficult because they have to carefully review an extensive amount of information in order to make a decision based on facts, not opinion. Additionally, they must be able to testify regarding facts that might conflict with their positions.

In the Daubert Case the plaintiffs' expert claimed that Bendectin was the cause of the birth defect of their child. The judge ruled that the evidence was on the "cutting edge of scientific research, where fact is matched by theory, and certainty turns into probabilities." However the judge did not believe there was sufficient evidence to support the claim that Bendectin doubled a baby's risk of developing birth defects.

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

A Philadelphia birth defect lawyer can provide victims with advice about whether they have a right to sue. A lawyer can determine if an individual plaintiff is eligible to file a suit on their own or as part of an action class. In certain cases an attorney may be able to file a lawsuit for birth injuries as part of a multidistrict lawsuit. Fill out the form below to get a confidential and free consultation with an attorney.

Representation

Modern technology and recent advances in medicine may have reduced the risk of complications that can occur during pregnancy and childbirth but they are not completely eliminated. Parents can pursue legal action if they suffer a birth injury or defect occurs, and the reason could have been prevented.

Medical negligence claims are typically result from a doctor's inability identify or treat an illness. For example, a physician may fail to conduct an ultrasound screening or make an error during surgery, which could result in a birth defect similar to spina bifida. Other common causes of birth defect lawsuits include an ineffective medication for the mother or exposure to chemicals or other environmental dangers while the baby develops in the womb.

A birth defect can affect any part of the body of a newborn that can affect their appearance, health and performance. In some instances birth defects may reduce the life span of a child or trigger substantial medical expenses.

If you think the birth defect or injury was due to negligence or medical malpractice during labor or pregnancy, contact a qualified birth defect lawyer today. A lawyer can help explain your options and help you file a claim prior to the time limit expiring. A lawyer can also negotiate an agreement with the responsible parties for the injuries suffered by your child.