How to File a Birth Defect Lawsuit

Modern technology and medicine have dramatically reduced the risks of childbirth. Birth defects or injuries still occur often.

A birth defect lawsuit seeks compensation for your child's medical expenses, educational costs, and other expenses. You must prove that the medical professional you are suing has violated the standard medical treatment during or prior to the birth or delivery.

Damages

Pregnancy is among the most exciting and nerve-wracking experiences a parent can experience. Parents want their babies to be perfect and doctors do everything they can to prevent birth defects. Unfortunately, carelessness and negligence on the part of medical professionals can increase the chance of birth defect lawyers injuries and defects. A family that is shocked by this situation should consider seeking legal action for a birth defect.

A successful birth defect lawsuit can result in damages for a variety of different things. This includes the victim's suffering and suffering, loss of consortium, medical expenses and lost earning capacity. The amount of damages a victim will receive depends on the degree of the child's health, and how much it has affected their quality of living.

Environmental exposures can cause birth injuries and birth defects. Studies have proven that certain chemicals like pesticides, fungicides lead, paints and heavy metals may increase the chance of birth defects. Birth defect lawyers have filed lawsuits against companies that exposed workers to these toxic chemicals, as well against pharmaceutical companies that have produced medications that can cause birth defects in fetuses, such as DES.

If you suspect that medical negligence caused the birth injury or birth defect, it is recommended to consult a lawyer for birth defects immediately. In certain states, you have only one year to file a medical malpractice suit, and if you wait longer than that could result in 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 that establishes the deadline for a person to file an action in civil court. A person who misses the deadline will lose the right to claim damages against a defendant. Birth injury cases could have more complicated statutes of limitations than other types of medical malpractice cases.

A lawsuit is usually filed against the doctor or hospital that caused an injury to an individual during labor and delivery. These cases can be referred to birthing injury suits or wrongful birth lawsuits, however Florida's laws allow parents to file a malpractice suit for the death of a child.

To prove medical malpractice, the victim will need to show that the doctor who was at fault was not able to meet the level of care and consideration expected by another health medical professional in similar circumstances. This includes failing to recognize a serious condition, such as low oxygen levels during childbirth that cause cerebral palsy or brain damage.

Contacting a qualified attorney is the first step in filing a lawsuit against birth defects. Most attorneys offer free consultations to prospective clients. If an attorney is convinced that the claim of a client is legitimate they will look over the medical records of the client and hire experts to analyze the claims. They can also assist in the preparation of documents and filing the medical malpractice suit within time.

Expert Witnesses

In a birth injury case, it is important to have experts who can explain medical procedures and practices before a jury. However, expert witnesses can be difficult to work with as they must scrutinize huge amounts of information and be able to make decisions based upon facts rather than opinions. They must also be willing to testify about facts that could contradict their position.

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 at the "cutting edge of scientific research, where fact meets theory, and certainty transforms into probabilities." However the judge did believe there was enough evidence to prove that Bendectin doubled the chances of developing birth defects.

The Daubert ruling was a setback for the plaintiffs, who had sued pharmaceutical companies to get justice. There are many ways that an injured party may pursue a lawsuit for birth defects.

A Philadelphia birth defect lawyer can assist victims in determining whether they are a victim. Lawyers can assist plaintiffs determine if they are qualified to file a lawsuit as an individual or a class action. In certain cases an attorney may be able to make a claim for birth injuries as part a multidistrict lawsuit. To start by filling out the form below for a an unreserved and confidential consultation with a licensed attorney.

Representation

Although the advancements in technology and developments in the field of medicine have greatly reduced the risk of complications during pregnancy and childbirth however, they are not completely eliminated. If a birth defect injury occurs, and the cause is preventable, parents may seek legal action to recover the costs associated with treatment.

Medical negligence claims are often due to a doctor's failure to diagnose or treat a disease. For example, a physician may fail to conduct an ultrasound test or make a mistake during surgery, resulting in a birth defect like spina bifida. Birth defects can also be caused by improper medication taken by the mother or exposure to chemicals and other environmental hazards during the baby's development in the womb.

A birth defect can affect any part of the body of a baby and impact their health, function and appearance. In some cases, birth defects can reduce the life expectancy of a newborn or lead to major medical expenses.

Contact a birth defect lawyer immediately if you believe the birth defect or birth injury was the result of medical negligence or negligence during labor or pregnancy. A lawyer can assist you to discover your options and file a claim before the statute of limitations expires. A lawyer can also negotiate a settlement with the parties accountable for the injuries suffered by your infant.