How to File a Birth Defect Lawsuit

Modern medicine and technology have greatly reduced the risk of childbirth. Birth defects or injuries still occur frequently.

A birth defect lawsuit seeks to pay your child's medical expenses, education costs as well as other losses. You must prove that the medical professional you are suing has violated the standard medical treatment during or prior to the pregnancy or birth.

Damages

Pregnancy can be one of the most exciting but nerve-wracking moments during the lifetime of a parent. Parents want their children to be perfect, and doctors strive to do all they can to stop birth defects from happening. Unfortunately, negligence and carelessness on the part of medical professionals can increase the chance of birth injuries and birth defects. If this happens an astonished family should consider seeking justice through a birth defect lawsuit.

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

Environmental exposures can result in new albany birth defect attorney injuries and birth defects. Studies have shown that pesticides, such as lead and fungicides, as well heavy metals, paints, and heavy metals, may increase the risk 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 could cause birth defects in fetuses.

If you suspect that your child's birth defect, or birth injury was the result of medical malpractice, it is important to consult a skilled birth defect lawyer as soon as possible. In certain states, you have only one year to file a suit for medical malpractice. If you wait longer it could mean that your child will never receive the justice they deserve.

Statute of limitations

A statute of limitations is a law which defines the time limit for a person to file a civil claim. If a claimant fails to file by the deadline, they will lose their right to recover damages from the defendant. Birth injury claims have a more complicated statute of limitations than other medical malpractice claims.

A lawsuit is usually filed against the hospital or doctor who caused injury to the patient during labor and birth. These cases are sometimes referred to birthing injury suits or wrongful birth lawsuits however Florida's laws permit parents to file a malpractice suit in the event of the death of an infant.

In a medical malpractice lawsuit the victim must prove that the doctor at fault was not adhering to the standard of care and consideration that another health care provider would have used in similar circumstances. This includes failing to recognize an illness that is serious, for example, low levels of oxygen during childbirth which can result in cerebral palsy and brain damage.

Contacting a qualified attorney is the first step towards filing an action for birth defects. Most attorneys offer free consultations to potential clients. If an attorney is convinced that the claim of a client is valid they will look over the medical records of the client and employ experts to analyze the records. They will also assist in preparing documents and file the medical malpractice lawsuit on time.

Expert Witnesses

In a birth injury case it is essential to have experts who can explain medical procedures and practices before a jury. Expert witnesses aren't easy to work with as they must scrutinize huge amounts of information and make decisions based upon facts rather than their opinions. They also have to be willing to testify on facts that may conflict with their beliefs.

In the Daubert case the plaintiffs' experts argued that Bendectin 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 transforms into probabilities." However, the judge did not believe that there was sufficient evidence to prove 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 in order to achieve justice. There are many ways an injured person can file a lawsuit for the birth defect.

A Philadelphia birth defect attorney can help victims determine whether they are a victim. A lawyer can determine if the plaintiff is eligible to file a suit on their own or as part of a class action. In some cases, an attorney can file a lawsuit for Murrieta Birth Defect Lawyer injury as part multidistrict litigation. To start, fill out the form on this page for a free and confidential consultation with a licensed attorney.

Representation

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

Medical negligence claims are often due to a doctor's failure to identify or treat an illness. Physicians may not perform an ultrasound or make a mistake during surgery, resulting in birth defects like spina bifida. Other causes that can lead to a birth defect lawsuit are an ineffective medication for the mother or exposure to chemicals or other environmental hazards when the baby develops in the womb.

A birth defect can affect any part of a newborn's body and affect their health, performance and appearance. In some cases, a birth defect can significantly diminish a baby's life expectancy, or cause an enormous amount of medical expenses.

Contact a birth defect lawyer now if you believe your child's birth defect or injury was caused by medical negligence or mistakes during labor or pregnancy. A lawyer can provide you with your options and assist you to make a claim before the deadline for filing. A lawyer might also be capable of negotiating settlements on your behalf with the responsible parties for your infant's injury.