How to File a Birth Defect Lawsuit

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

A birth defect lawsuit seeks reimbursement for your child's medical expenses education costs, as well as other losses. To be able to pursue a claim, you need to demonstrate that medical professionals violated the standard of medical care prior to or during pregnancy, or delivery.

Damages

Pregnancy is one of the most exciting and stressful experiences a parent can experience. Parents want their babies to be perfect, and doctors work to do all they can to stop birth defects from occurring. Unfortunately, carelessness and negligence on the part of medical professionals can increase the chance of birth injuries and birth defect law firm defects. If this happens, a stunned family might want to pursue justice via a birth defect lawsuit.

A successful birth defect lawsuit can result in damages for a variety of different things. This includes suffering for the victim along with loss of consortium and medical expenses, in addition to loss of earning capacity. The amount of the damages a victim is awarded will depend on the severity of their child's condition and the extent that it has affected with their daily life.

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

If you think your child's birth defect, or birth injury was the result of medical malpractice, you should seek out a skilled birth defect lawyer as quickly as possible. In some states, you only have one year to file a lawsuit for medical malpractice. If you put off filing a lawsuit for a longer period, it could mean that your child will never get the justice they deserve.

Statute of Limitations

A statute of limitations is a law that defines how long a person has to file a civil suit. If a person misses the deadline, they lose their right to seek damages from a defendant. Birth injury cases have more complicated statutes of limitations than other types of medical malpractice claims.

A lawsuit is usually filed against the hospital or doctor that caused a patient's injuries during labor Birth Defect and delivery. These cases are often referred to as birthing injury suits or wrongful birth lawsuits although Florida's laws permit parents to file a malpractice suit for the death of an infant.

To prove medical malpractice, the party who suffered must prove that the doctor who was at fault did not follow 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.

The first step in filing a birth defect lawsuit is to get in touch with a skilled attorney. The majority of lawyers offer free consultations to potential clients. If the attorney is convinced that a client has a valid case, they will look over medical records and engage experts to review them. They will also assist in preparing documents and filing the medical malpractice suit within time.

Expert Witnesses

In a case with birth injuries, it is crucial to have medical experts that can provide a jury with the medical practices and procedures. Expert witnesses can be difficult as they must carefully examine the vast amount of information in order to make a decision in accordance with facts rather than opinion. They should also be able to testify on evidence that could contradict their opinion.

In the Daubert case, the plaintiffs' experts claimed that Bendectin was the cause of their child's birth defects. The judge concluded that the evidence was at the "cutting edge of research in science, where fact meets theory and the certainty transforms into probability." However the judge did believe that there was sufficient evidence that Bendectin doubled a baby's chance of developing birth defects.

The Daubert decision was a blow to plaintiffs that had filed suit against pharmaceutical companies in an attempt to get justice. There are many avenues for an injured person could pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer can assist victims about whether they are eligible for an opportunity to file a claim. A lawyer can decide if the plaintiff is eligible to file a lawsuit individually or as part of a class action. In certain cases attorneys can start a lawsuit for birth injury as part of multidistrict litigation. Fill out the form for a confidential and birth defect free consultation with an attorney.

Representation

Modern technology and recent advancements in the medical field may have reduced the chance of complications arising during pregnancy and childbirth but they are not completely eliminated. When a birth defect or injury occurs and the cause is preventable, parents can seek legal action to pay for the costs associated with treatment.

Medical negligence cases typically stem from a doctor's failure to properly diagnose or treat a problem. For instance, a doctor may fail to conduct an ultrasound test or make mistakes during surgery, resulting in a birth defect like spina bifida. Other causes that can lead to a birth defect lawsuit include an ineffective medication for the mother or exposure to chemicals or other environmental hazards as the baby develops in the womb.

A birth defect can affect any part of the body of a baby and affect their health, functioning and appearance. In some instances, a birth defect can severely reduce a baby's life expectancy or lead to an enormous amount of medical costs.

If you suspect your child's birth defect or injury is the result of medical malpractice or negligent care during labor or pregnancy get in touch with a reputable birth defect lawyer today. A lawyer can assist you in understanding your options and assist you make a claim before the statute of limitation expiring. A lawyer might also be competent to negotiate settlements on behalf of you with the responsible parties for your child's injuries.