How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have drastically reduced the risk of the birth of a child. But, a birth defect or injury is still a common occurrence.

A birth defect lawsuit seeks to recover for medical expenses of your child, educational costs, and other losses. You must prove that the medical professional involved breached the standard of treatment prior to or during pregnancy or delivery.

Damages

Pregnancy can be one of the most exciting, yet nerve-wracking times in the life of a parent. Parents want their children to be perfect, and doctors do everything possible to prevent birth defects. Medical negligence and carelessness can increase the risk for birth defects and injuries. When this occurs an astonished family ought to consider pursuing justice through a birth defect lawsuit.

A successful birth defect lawsuit may result in damages for a number of different things. These include the victim's suffering and suffering and loss of consortium, medical expenses, and loss of earning capacity. The amount of damages that an individual victim will be awarded depends on the severity of the child's condition and how it has affected their quality of living.

Birth injuries and birth defects can be caused by a variety of factors that include environmental exposures. Studies have proven that certain chemicals, such as pesticides, fungicides, lead, paints and heavy metals may increase the risk of birth defects. Birth defect lawyers have brought lawsuits against companies that have exposed workers to these harmful chemicals, and against pharmaceutical companies that have made products that cause birth defects in fetuses, such as DES.

If you believe that your child's birth defect or birth injury is the result of medical malpractice, you should speak with a skilled birth defect lawyer as quickly as possible. In some states, you only have one year to file a medical negligence suit, and if you wait longer than that could mean losing your chance to obtain the justice you need for your child's injuries.

Statute of Limitations

A statute of limitations is a law which defines how long a person has to file a civil action. If a claimant fails to file by the deadline, they will lose the right to collect damages from a defendant. Birth injury cases could have more complicated statutes of limitations than other types of medical malpractice claims.

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

In a case of medical malpractice the injured party must prove that the doctor at fault did not follow the standard of care and consideration another health care provider would have utilized in similar circumstances. This includes failing to recognize a serious condition such as low oxygen levels during childbirth that can cause cerebral palsy and brain damage.

Finding a reputable attorney is the first step in filing an action for birth defects. A majority of attorneys offer free consultations to prospective clients. If an attorney is convinced that a client's claim is valid they will examine the medical records of the client and hire experts to assess the claims. They can also assist in the preparation of documents and file the medical malpractice suit within time.

Expert Witnesses

In a case involving birth injuries it is crucial to have experts who can explain medical procedures and practices to a jury. Expert witnesses can be difficult because they have to scrutinize a large amount of information to be able to make decisions in accordance with facts rather than opinions. Additionally, they must be willing to testify about facts that might conflict with their views.

In the Daubert Case, the plaintiffs' expert suggested that Bendectin is the reason for their child's birth defect. 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 believe there was enough proof that Bendectin doubled a baby's risk of developing birth defects.

The Daubert ruling was a setback for plaintiffs, who had filed a lawsuit against pharmaceutical companies to try and win justice. There are many avenues an injured person can bring a lawsuit based on a birth defect.

A Philadelphia birth defect lawyer can advise victims about whether they are eligible for a right to sue. A lawyer can assist victims determine if they're eligible to file a lawsuit as an individual or a class action. In certain situations, a lawyer can file a birth injury lawsuit as part of multidistrict litigation (MDL). To start complete the form on this page for a free and confidential consultation with a reputable attorney.

Representation

Modern technology and recent advancements in the field of medicine could have reduced the risk of complications occurring during childbirth and pregnancy, but they're not completely eliminated. If a birth defect or injury occurs, and the cause could have been avoided, parents may pursue legal action to pay for the costs related to treatment.

Medical negligence claims are usually due to a doctor's failure to diagnose or treat an illness. A physician may not perform an ultrasound or make a mistake during surgery, leading to birth defects, such as spina bifida. Birth defects can also be caused by improper medication that is taken by the mother or exposure to chemicals or other environmental dangers during the development of the baby during the womb.

A birth defect can affect any part of a newborn's body and affect their health, performance and appearance. In some cases birth defects can decrease the lifespan of a baby or result in significant medical costs.

If you suspect that the birth defect or injury was caused by medical malpractice or negligent care during labor or Birth Defect Law Firms seek out a qualified birth defect lawyer today. A lawyer can assist you in understanding your options and help you submit a claim prior to the statute of limitations expiring. A lawyer may also be able to negotiate the settlement on your behalf with the responsible parties for the injuries your infant sustained.