How to File a Birth Defect Lawsuit

Modern technology and advancements in medicine have dramatically reduced the risk of childbirth. However, birth defects or injury can still happen frequently.

A birth defect lawsuit seeks compensation for medical expenses of your child education costs, as well as other expenses. You must prove that the medical professional in question has violated the standard medical care prior to or during the birth or during pregnancy.

Damages

Pregnancy can be one of the most exciting yet nerve-wracking experiences during the lifetime of a parent. Parents want their babies to be perfect and doctors do everything to prevent birth defects. Unfortunately, carelessness and negligence on the part of medical professionals can increase the risk of birth injuries and birth defects. When this occurs, a stunned family should consider seeking justice through a birth defect lawsuit.

A successful birth defect lawsuit could result in damages for a multitude of different things. These include the victim's pain and suffering and loss of consortium, medical expenses, and loss of earning capacity. The amount of the damages a victim is awarded will depend on the severity of their child's illness and the extent to which it has impacted with their quality of life.

Environmental exposures can cause birth defects and birth injuries. Studies have proven that certain chemicals such as pesticides, vimeo fungicides and lead, as well paints and heavy metals can increase the risk of birth defects. Birth defect lawyers have filed lawsuits against companies that exposed workers to these toxic chemicals, as well against pharmaceutical companies that have developed products that cause birth defects in fetuses like DES.

If you believe that your child's birth defect, Vimeo or birth injury was the result of medical malpractice, it is important to consult a reputable birth defect lawyer as quickly as you can. In some states, you have only one year to file a lawsuit against medical malpractice. If you delay this could mean that your child will never receive the justice they deserve.

Statute of limitations

A statute of limitation is a law that sets the deadline for an individual to file a civil lawsuit. Anyone who fails to meet a deadline loses the right to sue a defendant for damages. Birth injury claims have a more complicated statute of limitations than other medical malpractice claims.

A lawsuit is usually brought against the doctor or hospital that caused an injury to the patient during labor and delivery. These types of cases are typically known as birthing injury lawsuits or wrongful birth suits, however, Florida's laws permit parents to make a claim for medical malpractice to bring a child's death.

In a lawsuit for medical malpractice, the injured party must prove that the doctor at fault did not adhere to the standards of care and consideration any other medical professional would have applied in similar circumstances. This includes failing diagnose a serious illness, such as low oxygen levels in childbirth which can result in cerebral palsy and brain damage.

The first step in filing a birth defect lawsuit is to contact a skilled attorney. Many attorneys provide free consultations for potential clients. If the attorney believes a client has a valid claim, they will look into medical records and appoint experts to examine their credibility. They will also help prepare documents and file the medical malpractice suit on time.

Expert Witnesses

In cases involving birth injuries, it is vital to have medical experts that can explain to a jury the medical practices and procedures. Expert witnesses can be difficult because they must carefully examine a vast amount of data to be able make decisions in accordance with facts rather than opinion. In addition, they must be prepared to testify about facts that could contradict their beliefs.

In the Daubert Case the plaintiffs' expert argued that Bendectin was the cause of their child's birth defect. The judge concluded that the evidence was "at the forefront of scientific research, where science meets theories, and certainty dissolves into probabilities." However, he did not believe there was enough evidence to conclude that Bendectin caused birth defects.

The Daubert decision was a setback to plaintiffs who had filed suit against pharmaceutical companies in an attempt to get justice. There are numerous avenues an injured person can seek a legal action over a birth defect.

A Philadelphia birth defect lawyer can assist victims in determining whether they're eligible for a claim. Lawyers can assist plaintiffs determine if they are eligible to file a personal lawsuit or a class action. In certain situations, a lawyer can start a lawsuit for birth injuries in the context of multidistrict litigation (MDL). To get started complete the form on this page to request a a free and confidential consultation with a licensed lawyer.

Representation

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

Medical negligence claims often result from a doctor's inability to recognize or treat a problem. For instance, a doctor may not perform an ultrasound test or make mistakes during surgery, which could result in a birth defect similar to spina bifida. Other common causes of birth defect lawsuits include improper medication for the mother or exposure to chemicals or other environmental hazards while the baby is developing in the womb.

A birth defect can affect any part of the body of a newborn which can affect their appearance, health, and functioning. In some cases birth defects can shorten the life expectancy of a newborn or lead to significant medical expenses.

If you suspect the birth defect or injury was the result of negligence or medical malpractice during labor or pregnancy consult a certified birth defect lawyer today. A lawyer can assist you in understanding your options and assist you to submit a claim prior to the statute of limitations expiring. A lawyer may also be competent to negotiate the settlement on your behalf with the responsible parties for the injury to your child.