How to File a Birth Defect Lawsuit

Modern technology and advancements in medicine have dramatically reduced the risks associated with birth. Birth defects or injuries occur frequently.

A birth defect lawsuit seeks to recover for medical expenses of your child or educational costs, among other expenses. To be able to file a claim, you must establish that a medical professional violated the standard of care prior to or during pregnancy, or delivery.

Damages

Pregnancy is one of the most exciting and stressful moments in the life of a mother. Parents want their babies to be perfect, and doctors work to do their best to stop birth defects from occurring. Unfortunately, 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 taking legal action to remedy a birth defect.

A successful birth defect lawsuit could result in damages for a variety of different things. This can include pain and suffering for the victim along with loss of consortium and medical expenses, as well as lost earning capacity. The amount of damages a victim will receive depends on the severity of the child's condition, and how much it has affected their standard of living.

Environmental exposures can lead to birth injuries and birth defects. Research has shown that certain chemicals like fungicides, pesticides lead, paints and heavy metals may increase the likelihood 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 produced products that cause birth defects in fetuses, such as DES.

If you believe that your child's birth defect, or birth injury was the result of medical malpractice, you should consult a skilled birth defect lawyer as soon as you can. In certain states, you have only one year to file a lawsuit against 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 which establishes the time limit for filing an action in civil court. If a claimant fails to file by the deadline, they will lose their right to seek damages from a defendant. Birth injury cases may have more complicated statutes of limitations than other types of medical malpractice cases.

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

In a lawsuit for medical malpractice the plaintiff must prove that the doctor at fault was not adhering to the standards of care and consideration that any other medical professional would have followed in similar circumstances. This includes failing to recognize an illness that is serious, for example, low oxygen levels during childbirth which could lead to cerebral palsy and brain damage.

A qualified attorney should be the first step in filing a lawsuit for birth defect law firms defects. The majority of lawyers offer free consultations and case reviews to potential clients. If the attorney believes a client has a valid claim, they will examine medical records and engage experts to examine the case. They will also help prepare documents and file the medical malpractice lawsuit on time.

Expert Witnesses

In a case involving birth injuries, it is important to have experts who can explain medical procedures and practices to jurors. Expert witnesses can be difficult since they must carefully examine a vast amount of data to be able make decisions in accordance with facts rather than opinions. Additionally, they must be willing to testify about information that might contradict their views.

In the Daubert Case the plaintiffs' expert suggested that Bendectin caused their child's birth defect. The judge found 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 not believe there was enough evidence to prove that Bendectin doubled the chances of developing birth defects.

The Daubert ruling was a setback for plaintiffs, who had sued pharmaceutical companies to try and achieve justice. There are a variety of avenues for a person who has suffered injury to bring a lawsuit based on a birth defect.

A Philadelphia birth defect lawyer can help victims on whether they have claims. A lawyer can determine if the plaintiff is able to file a lawsuit individually or as part of a class action. In certain situations lawyers can make a birth injury claim as part of multidistrict lawsuit (MDL). To get started complete the form below for a an unreserved and confidential consultation with a qualified attorney.

Representation

Although the advancements in technology and advances in the field of medicine have greatly reduced the risk of complications during childbirth and pregnancy but they aren't completely eliminated. Parents can take legal action if a birth injury or defect occurs, and the cause could have been prevented.

Medical negligence claims typically stem from a doctor's failure to recognize or treat a problem. A doctor may fail to diagnose an ultrasound or make a mistake in surgery, resulting in a birth defect such as spina bifida. Other common causes of birth defect lawsuits include improper 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 a newborn's body. It can affect their health, functioning and appearance. In certain cases birth defects may reduce the lifespan of a baby or result in significant medical costs.

If you suspect your child's birth defect or injury was the result of negligence or medical malpractice during labor or pregnancy, contact a qualified 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 can also negotiate an agreement with the parties responsible for the harm to your child.