How to File a Birth Defect Lawsuit

Modern medical and technological advances have significantly reduced the risks of childbirth. Birth defects or injuries still occur frequently.

A birth defect law firms defect lawsuit seeks to compensate your child for medical expenses, educational costs, and other losses. You must prove that the medical professional involved has violated the standard medical treatment during or prior to the birth or during pregnancy.

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 they can to stop birth defects from occurring. However, carelessness and negligence on the part of medical professionals can increase the risk of birth injuries and birth defects. A family who is shocked by this circumstance should think about suing for a birth defect.

A successful birth defect lawsuit could result in damages for a range of different things. This includes suffering for the victim, loss of consortium and medical expenses, as well as loss of earning capacity. The amount of damages a victim will receive will depend on the severity of their child's illness and the extent to which it has interfered in their quality of life.

Environmental exposures can lead to birth injuries and birth defects. Research has shown that certain chemicals, such as pesticides, fungicides, lead, paints and heavy metals may increase the likelihood of birth defects. Birth defect lawyers have filed suits against companies that exposed workers to these harmful chemicals, and also against pharmaceutical companies that have produced drugs that can cause birth defects in fetuses like DES.

If you suspect that your child's birth defect or birth injury was caused by medical malpractice, it is important to consult a reputable birth defect lawyer as soon as possible. In certain states, there is only one year to file a medical negligence suit, and if you wait longer than that can mean losing the chance to receive the justice you are due for the injury your child sustained.

Statute of Limitations

A statute of limitations is a law which defines the deadline for when a person is allowed to file a civil claim. Anyone who fails to meet a deadline will lose the right to sue a defendant for damages. Birth injury cases could have more complex statutes of limitations than other kinds of medical malpractice claims.

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

In a medical malpractice case, the injured party must prove the at-fault doctor failed to adhere to the standards of care and consideration any other medical professional would have utilized in similar circumstances. This includes not being able to identify a serious condition like low oxygen levels during childbirth that result in brain damage and cerebral palsy.

The first step to file a birth defect lawsuit is to speak with a skilled attorney. Many attorneys provide free consultations to prospective clients. If the attorney is convinced that a client has a valid claim they will look over medical records and employ experts to examine their credibility. They will also help prepare documents and file the medical malpractice lawsuit within the timeframe.

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 since they have to carefully review the vast amount of information in order to make a decision in accordance with facts rather than opinions. They must also be willing to testify on facts that might contradict their opinions.

In the Daubert Case, the plaintiffs' expert suggested that Bendectin was responsible for the birth defect of their child. The judge ruled that the evidence was "at the cutting edge of scientific research, where evidence meets theories, and certainty dissolves into probabilities." However the judge did not believe there was enough proof that Bendectin caused birth defects.

The Daubert ruling was a setback to the plaintiffs, who had filed a lawsuit against pharmaceutical companies to try and obtain justice. There are numerous avenues for an injured party to bring a lawsuit based on a birth defect.

A Philadelphia birth defect lawyer can advise victims about whether they have claims. A lawyer can help victims determine if they're qualified to file an individual lawsuit or a class action. In certain cases lawyers can make a birth injury claim as part of multidistrict litigation (MDL). To start you must fill out the form on this page for an unreserved and confidential consultation with a qualified lawyer.

Representation

Although the advancements in technology and advances in medicine have drastically reduced the chance of complications during childbirth and pregnancy, they are not entirely eliminated. Parents can pursue legal action if they suffer a birth injury or defect occurs, and the reason could have been avoided.

Medical negligence claims often stem from a doctor's failure to identify or treat a problem. For instance, a doctor may fail to conduct an ultrasound screening or make a mistake during surgery, resulting in a birth defect similar to spina bifida. Other common causes of a birth defect lawsuit are an ineffective medication for the mother or exposure to chemicals or other environmental hazards as the baby is growing 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, birth defects can reduce the life expectancy of a newborn or lead to major medical expenses.

Contact a birth defect lawyer today if you suspect that your child's birth defect or injury was caused by medical negligence or mistakes during labor or pregnancy. A lawyer can help discover your options and make a claim prior to the statute of limitations expires. A lawyer can also negotiate a settlement with the parties responsible for the injury of your child.