How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have greatly reduced the risk of the birth of a child. Birth defects or injuries occur frequently.

A birth defect lawsuit seeks compensation for your child's medical expenses or educational costs, among other losses. To be able to file an action, you must demonstrate that a medical professional did not meet the standard of care prior to or during pregnancy or delivery.

Damages

Pregnancy can be one of the most exciting yet nerve-wracking experiences in the life of a parent. Parents want their babies perfect, and doctors do everything to prevent birth defects. Unfortunately, negligence and carelessness on the part of medical professionals can increase the risk of birth injuries and birth defects. Families who are shocked by this circumstance should think about seeking legal action for a birth defect.

A successful birth defect lawsuit could result in damages for a variety of different things. This includes suffering and pain for the victim as well as loss of consortium and medical costs, as well as loss of earning capacity. The amount of the damages a victim is awarded will depend on the severity of their child's medical condition and the extent to which it has impacted with their quality of life.

east moline birth defect attorney defects and birth injuries can be caused by a variety of causes, including exposure to environmental factors. Studies have proven that certain chemicals like pesticides, fungicides and lead, as well as heavy metals and paints can increase the chances of birth defects. Birth defect lawyers have filed lawsuits against companies who exposed workers to harmful chemicals, as well as pharmaceutical companies that produce drugs such as DES that can cause birth deformities in fetuses.

If you think your child's birth defect, or birth injury is the result of medical negligence, you must seek out a skilled birth defect lawyer as soon as you can. In some states, you only have one year to file a medical negligence lawsuit, and waiting more than that could result in losing your chance to get the justice you need for your child's injuries.

Statute of Limitations

A statute of limitations is a law that determines the time frame for which a person has to file a civil action. Anyone who fails to meet the deadline will lose the right to pursue a defendant for damages. Birth injury cases have more complex statutes of limitations than other types of medical malpractice claims.

A lawsuit is typically filed against the medical professional or hospital who caused the patient's injuries during labor and birth. These cases are often referred to as 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 order to prove medical negligence, the person who was injured will need to show that the doctor who was at fault did not follow the standard of care or consideration expected by another health care provider in similar circumstances. This includes failing in diagnosing a serious condition like low levels of oxygen during childbirth that cause brain damage and cerebral palsy.

A qualified attorney should be the first step to file a lawsuit against birth defects. Many attorneys provide free consultations and case reviews for prospective clients. If an attorney believes the claim of a client is legitimate they will look over the medical documents of the client and hire experts to analyze the evidence. They will also assist in preparing documents and file the medical malpractice lawsuit on time.

Expert Witnesses

In the case of a birth injury it is crucial to have experts who can explain medical practices and procedures before a jury. However, expert witnesses aren't easy to work with as they must be able to scrutinize massive amounts of information and be able to make decisions based on evidence rather than their opinions. They must also be willing to testify about facts that might contradict their position.

In the Daubert Case, the plaintiffs' expert believed that Bendectin was responsible for their child's birth defect. The judge concluded that the evidence was "at the cutting-edge of scientific research where fact meets theories and certainty dissolves into probabilities." However, he did not believe there was enough proof that Bendectin caused birth defects.

The Daubert ruling was a setback for plaintiffs, who had filed a lawsuit against pharmaceutical companies to achieve justice. Nonetheless, there are still numerous avenues that an injured person can pursue a lawsuit for birth defects.

A Philadelphia birth defect lawyer can assist victims about whether they have claims. Lawyers can assist plaintiffs determine whether they are eligible to file a lawsuit as an individual or a class action. In certain cases attorneys can file a lawsuit for birth injuries as part a multidistrict lawsuit. Complete the form below for a confidential and free consultation with an attorney.

Representation

Modern technology and recent advancements in medicine may have reduced the chance of complications arising during pregnancy and childbirth, however they're still not completely eliminated. If a birth defect, or injury occurs and the cause is preventable, parents can seek legal action to cover the costs associated with treatment.

Medical negligence claims are typically due to a doctor's failure to identify or treat an illness. For instance, a doctor overland birth defect lawsuit might fail to conduct an ultrasound examination or make an error during surgery, which could result in a birth defect, such as spina bifida. Other common causes of a birth defect lawsuit are insufficient medication for the mother or exposure to chemicals or other environmental hazards when the baby is developing in the womb.

A birth defect can affect any part of the body of a newborn that can affect their appearance, health and performance. In certain instances, a Overland Birth Defect Lawsuit defect can drastically reduce a baby's life expectancy or lead to a significant amount of medical expenses.

If you think the birth defect or injury was the result of negligence or medical malpractice during pregnancy or labor, contact a qualified kewanee birth defect law firm defect attorney today. A lawyer can assist you to understand your options and make a claim prior to the time limit expires. A lawyer can also negotiate a settlement with the parties accountable for the injuries suffered by your infant.