How to File a Birth Defect Lawsuit

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

A birth defect lawsuit seeks to pay your child's medical expenses, educational costs and other damages. To be able to pursue a claim, you need to demonstrate that a medical professional breached the standard of care before or during pregnancy or the birth of your child.

Damages

Pregnancy is one of the most exciting and stressful experiences a parent can experience. Parents want their babies to be perfect and doctors do everything to avoid birth defects. However, carelessness and negligence on the part of medical professionals can increase the risk of birth defects and injuries. A family that is stricken by this news should think about taking legal action to remedy a birth defect.

A successful birth defect suit can result in damages for a variety of different things. This can include pain and suffering for the victim as well as loss of consortium and medical expenses, as well as loss of earning capacity. The amount of damages that the victim will be awarded is contingent on the severity of the child's illness, and how much it has affected their quality of living.

Birth injuries and birth defects can be caused by a variety of factors that include exposure to environmental factors. Studies have revealed that certain chemicals like pesticides, fungicides lead, paints and heavy metals can increase the likelihood of birth defects. Birth defect lawyers have filed lawsuits against companies that exposed employees to harmful chemicals, as well as pharmaceutical companies that produce drugs such as DES that can cause birth defects in fetuses.

If you think your child's birth defect, or birth injury is the result of medical malpractice, it is important to seek out a skilled birth defect lawyer as soon as you can. In certain states, there's only one year to file a medical malpractice suit, and waiting any longer than that may mean losing your chance of getting the justice you are due for the injury your child sustained.

Statute of limitations

A statute of limitations is a law that establishes the time limit for someone to file a civil lawsuit. If a person misses the deadline, they will lose their right to recover damages from a defendant. Birth injury claims be more complex in terms of the time limit than other medical malpractice claims.

A lawsuit is typically filed against the doctor or hospital who caused the patient's injuries during labor and delivery. These cases are often called birthing injury lawsuits or wrongful birth suits, however Florida's laws permit parents to file a medical malpractice suit to bring a child's death.

To prove medical malpractice, the party who suffered will need to show that the doctor at fault was not able to meet the standard of care and consideration required by a different health care provider in similar circumstances. This could include failing to recognize a serious condition such as low oxygen levels in childbirth which can lead to cerebral palsy and brain damage.

A qualified attorney should be the first step towards filing an action for birth defect lawsuits defects. The majority of lawyers offer free consultations and case reviews for prospective clients. If an attorney is convinced that the client's claim is legitimate they will examine the medical documents of the client and employ experts to evaluate them. They will also assist in preparing documents and file the medical malpractice suit on time.

Expert Witnesses

In a case involving birth injuries, it is essential to have medical experts that can explain to a jury the medical procedures and practices. However, expert witnesses aren't easy to work with since they must be able to scrutinize massive amounts of data and be able to make decisions based on evidence rather than their opinions. They must also be willing to provide evidence on matters that could contradict their position.

In the Daubert case, the plaintiffs' experts argued that Bendectin was the cause of the birth defects of their child. The judge ruled that the evidence was "at the cutting-edge of research in science where fact meets theories and certainty transforms into probabilities." However the judge was not convinced there was sufficient evidence to prove that Bendectin caused birth defects.

The Daubert decision was a blow to plaintiffs that had sued pharmaceutical companies in an attempt to get justice. There are many avenues for a person who has suffered injury to seek a legal action over the birth defect.

A Philadelphia birth defect lawyer can assist victims on whether they have claims. A lawyer can decide if the plaintiff is able to file a lawsuit on their own or as part of a class action. In certain cases lawyers can make a claim for birth injuries as part a multidistrict lawsuit. Fill out the form below for a confidential and free consultation with an attorney.

Representation

Although the latest technology and developments in the field of medicine have greatly reduced the risk of complications during childbirth and pregnancy, they are not entirely eliminated. Parents can seek legal action if they suffer a birth injury or defect occurs, and the reason could have been avoided.

Medical negligence claims are usually based on a doctor's failure diagnose or treat a disease. For example, a physician could neglect to perform an ultrasound test or make mistakes during surgery, which could result in a birth defect similar to spina bifida. Other causes for birth defect lawsuits include improper medication for the mother or exposure to chemicals or other environmental hazards as the baby develops in the womb.

A birth defect could affect any part of the body of a newborn which can affect their appearance, health, and performance. In some cases, birth defect lawsuits defects can reduce a baby's lifespan or cause significant medical costs.

If you suspect the birth defect or injury was due to negligence or medical malpractice during pregnancy or labor, contact a qualified birth defect lawyer today. A lawyer can provide you with your options and assist you to make a claim prior the statute of limitations expiring. A lawyer can also negotiate an agreement with the parties responsible for the injury of your child.