How to File a Birth Defect Lawsuit

Modern medical technology and medicine have drastically reduced the risks of childbirth. However, birth defects or injury still occurs frequently.

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

Damages

Pregnancy can be one of the most exciting yet nerve-wracking experiences in a parent's lifetime. Parents want their babies to be perfect, and doctors try to do all they can to stop birth defects from occurring. Unfortunately, negligence and carelessness on the part of medical practitioners can increase the risk of birth injuries and birth defects. Families who are shocked by this news should think about the possibility of suing over a birth defect.

A successful birth defect suit could result in damages for many different things. These include the victim's suffering and suffering and loss of consortium medical expenses and lost 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 with their daily life.

Birth injuries and birth defects can be caused by a number of factors such as environmental exposures. Research has shown that certain chemicals, like pesticides, fungicides lead, paints and heavy metals may increase the likelihood of birth defects. Birth defect lawyers have filed lawsuits against companies that have exposed workers to toxic chemicals, as well against pharmaceutical companies who have manufactured products that cause birth defect attorney defects in fetuses such as DES.

If you suspect medical malpractice caused the birth injury of your child or birth defect, you should consult a lawyer for birth defects immediately. In some states, you only have one year to file a lawsuit for medical malpractice. If you wait longer and you don't, your child won't get the justice they deserve.

Statute of Limitations

A statute of limitations is a law that sets the time limit for an individual to file an action in civil court. Anyone who fails to meet a deadline loses the right to sue a defendant for damages. 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 medical professional or hospital who caused the patient's injuries during labor and delivery. These cases are often called birthing injuries lawsuits or wrongful birth suits however Florida's laws permit parents to pursue a medical malpractice suit to bring a child's death.

To prove medical malpractice, the victim will need to show that the doctor who was at fault didn't adhere to the level of care and consideration expected by another health care provider in similar circumstances. This includes failing to recognize a serious condition for example, low levels of oxygen in the childbirth process which can cause cerebral palsy or brain damage.

Contacting a reputable attorney is the first step towards filing a lawsuit for birth defects. Many attorneys provide free consultations and case review to prospective clients. If an attorney is convinced that a client's claim is valid they will look over the medical documents of the client, and they will hire experts to evaluate them. They will also help prepare documents and file the medical malpractice lawsuit on time.

Expert Witnesses

In a case involving a birth injury, it is important to have experts who can explain medical practices and procedures to a jury. Expert witnesses can be difficult as they must scrutinize an extensive amount of information in order to make a decision based on fact rather than opinion. They also have to be willing to testify on facts that may conflict with their opinions.

In the Daubert case, the plaintiffs' experts argued that Bendectin had caused their child's birth defects. The judge found that the evidence was on the "cutting edge of research in science, where fact meets theory and certainty dissolves into probabilities." However the judge did not consider there was enough evidence to support the claim that Bendectin increased the chance of developing birth defects.

The Daubert decision was a blow to plaintiffs who had filed a lawsuit against pharmaceutical companies an attempt to get justice. Nonetheless, there are still numerous avenues that 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 are a victim. A lawyer can assist plaintiffs determine whether they are qualified to file a personal lawsuit or a class action. In certain cases lawyers can bring a lawsuit on behalf of a birth injury as part of an interdistrict litigation. To get started you must fill out the form on this page to request a an initial consultation for free and confidential with a licensed lawyer.

Representation

Modern technology and recent advancements in medical technology may have decreased the risk of complications that can occur during childbirth and pregnancy, but they're not entirely eliminated. If a birth defect, or injury occurs, and the cause could have been avoided, parents can pursue legal action to recover the costs related to treatment.

Medical negligence claims are usually result from a doctor's inability identify or treat an illness. Physicians may fail to perform an ultrasound or make a mistake during surgery, resulting in birth defects such as spina bifida. Birth defects can be caused by a wrong medication taken by the mother, or exposure to chemicals or other environmental dangers during the child's development in the womb.

A birth defect can affect any part of a newborn's body and affect their health, functioning and appearance. In some instances birth defects can drastically reduce a baby's life expectancy or result in a significant amount of medical costs.

Contact an attorney for birth defects now if you believe the birth injury or defect was the result of medical negligence or mistakes during labor or pregnancy. A lawyer can assist you to discover your options and submit a claim before the deadline for filing a claim expires. A lawyer might also be capable of negotiating settlements on behalf of you with the responsible parties for the injury to your child.