How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have greatly reduced the risk of the birth of a child. However, birth defects or injury still happens frequently.

A birth defect lawsuit seeks to recover for medical expenses of your child, educational costs, and other losses. To pursue such an action, you must prove that medical professionals violated the standard of medical care prior to pregnancy or during the 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 try to do everything possible to stop birth defects from happening. Unfortunately, negligence and carelessness on the part of medical professionals can increase the risk of birth injuries and birth defects. When this occurs the family of the victim might want to pursue justice via a birth defect lawsuit.

A successful birth defect lawsuit can result in damages for a variety of different things. This can include the pain and suffering and loss of consortium, medical expenses, and loss of earning capacity. The amount of the damages a victim is awarded will depend on the degree of their child's health 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 factors that include exposure to environmental factors. Studies have shown that certain chemicals, like fungicides, pesticides, lead, paints and heavy metals can increase the chances of birth defects. Birth defect lawyers have brought suits against businesses that have exposed workers to harmful chemicals, and against pharmaceutical companies that have produced drugs that could cause birth defects in fetuses like DES.

If you suspect that medical malpractice caused the birth injury of your child or birth defect, you must consult a lawyer for birth defects immediately. In certain states, there's only one year to file a medical negligence suit, and if you wait longer than that could mean losing your chance of getting the justice you need for your child's injuries.

Statute of limitations

A statute of limitations is a law that determines the time frame for which a person has to file a civil suit. If a person fails to meet the deadline, they will lose their right to recover damages from a defendant. Birth injury cases can be more complex in terms of the time limit than other medical malpractice claims.

A lawsuit is typically filed against the doctor or hospital that caused an injury to the patient during labor and delivery. These cases are sometimes called birthing injury lawsuits or wrongful birth lawsuits, however Florida's laws permit parents to file a malpractice suit in the event of the death of an infant.

In a lawsuit for medical malpractice the victim must prove the at-fault doctor failed to adhere to the expected level of care and consideration that other health care providers would have applied in similar circumstances. This includes failing diagnose a serious condition such as low oxygen levels during childbirth which could lead to cerebral palsy and brain damage.

Contacting a reputable attorney is the first step towards filing an action for birth defects. A majority of attorneys offer free consultations to prospective clients. If the lawyer believes that a client has a valid case, they will examine medical records and employ expert witnesses to assess the case. They will also assist in preparing documents and file the medical malpractice suit within time.

Expert Witnesses

In a birth injury case it is crucial to have experts who can explain medical practices and procedures before a jury. Expert witnesses can be difficult to testify because they have to carefully review a large amount of information to be able make decisions in accordance with facts rather than opinion. Additionally, they must be prepared to testify about things that may contradict their opinions.

In the Daubert case the plaintiffs' experts claimed that Bendectin was the cause of 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 not believe there was sufficient evidence to prove that Bendectin increased the chance of developing birth defects.

The Daubert ruling was a setback for the plaintiffs, who had filed a lawsuit against pharmaceutical companies to try and achieve justice. However, there are various ways in which the injured party could pursue a lawsuit for birth defects.

A Philadelphia birth defect lawyer can assist those suffering from birth defects to determine whether they're eligible for a claim. A lawyer can determine whether an individual plaintiff is eligible to file a suit on their own or as part of an action class. In certain instances lawyers can make a birth injury claim as part of a multidistrict litigation (MDL). To get started, fill out the form below for a an initial consultation for free and confidential with a qualified lawyer.

Representation

Modern technology and recent advances in medical technology may have decreased the risk of complications occurring during pregnancy and childbirth, but they're not entirely eliminated. Parents can seek legal action if they suffer a birth injury or defect occurs, and the cause could have been avoided.

Medical negligence claims are usually based on a doctor's failure diagnose or treat an illness. A doctor might fail to diagnose an ultrasound or make a mistake during surgery, leading to birth defects such as spina bifida. Birth defects can be caused by a wrong medication taken by the mother, or exposure to chemicals and other environmental dangers during the child's development during the womb.

A birth defect may affect any part of the body of a newborn and affect their health, appearance and performance. In some instances birth defects can dramatically reduce a child's life expectancy or result in a significant amount of medical expenses.

Contact an attorney for birth defects today if you suspect that the birth defect or birth injury was the result of medical negligence or malpractice during pregnancy or labor. A lawyer can assist you determine your options and submit a claim before the time limit expires. A lawyer may also be in a position to negotiate a settlement on your behalf with the parties responsible for the injury to your child.