How to File a Birth Defect Lawsuit

Modern technology and advancements in medicine have dramatically reduced the risks associated with birth. Birth defects or injuries occur often.

A birth defect lawsuit seeks to pay your child's medical expenses, educational costs and other damages. You must prove that the medical professional you are suing breached the standard of care during or before the birth or delivery.

Damages

Pregnancy can be one of the most exciting, but nerve-wracking moments in the life of a parent. Parents want their babies to be perfect, and doctors do everything possible to avoid birth defects. Inattention to medical issues and negligence can increase the risk for birth defects and injuries. A family that is stricken by this incident should think about the possibility of suing over a birth defect.

A successful birth defect lawsuit can result in damages for a variety of different things. This includes pain and suffering for the victim, loss of consortium and medical costs, as well as lost earning capacity. The amount of compensation a victim will receive depends on the degree of the child's health and how much it has affected their quality of living.

Birth injuries and birth defects can be caused by a number of factors that include environmental exposures. Studies have shown that pesticides such as lead and fungicides as well as heavy metals, paints, and heavy metals, can increase the risk of birth defects. Birth defect lawyers have filed lawsuits against companies that exposed workers to harmful chemicals, as well as pharmaceutical companies that produce drugs such as DES that could cause birth defects in fetuses.

If you believe that your child's birth defect or injury was caused by medical malpractice, you should consult a reputable birth defect lawyer as soon as possible. In certain states, you only have one year to file a lawsuit for medical malpractice. If you delay this 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 deadline for when a person is allowed to file a civil suit. A person who misses a deadline will lose the right to pursue a defendant for damages. Birth injury cases could have more complex statutes of limitations than other types of medical malpractice claims.

A lawsuit is typically filed against the doctor or hospital that caused an injury to an individual during labor and delivery. These cases are often referred to birthing injury lawsuits or wrongful garrett birth defect lawyer lawsuits although Florida's laws permit parents to file a malpractice lawsuit in the event of the death of a child.

In a case of medical malpractice, the injured party must prove the at-fault doctor failed to adhere to the expected level of care and consideration other health care providers would have used in similar circumstances. This includes failing to recognize an illness of serious severity for example, low levels of oxygen during childbirth that can cause cerebral palsy and brain damage.

A qualified attorney should be the first step towards filing an action for birth defects. Many attorneys provide free consultations to prospective clients. If an attorney is convinced that the claim of a client is legitimate they will go over the medical documents of the client, and they will hire experts to review the evidence. They can also assist in the preparation of documents and file the medical malpractice lawsuit on time.

Expert Witnesses

In the case of a birth injury, it is important to have experts who can explain medical procedures and practices to a jury. Expert witnesses can be difficult because they must scrutinize a vast amount of data in order to make a decision based on fact rather than opinions. In addition, they must be willing to testify about information that might contradict their positions.

In the Daubert case the plaintiffs' experts argued that Bendectin contributed to birth defects for their child. The judge concluded that the evidence was on the "cutting edge of research in science, where fact meets theory and the certainty transforms into probability." However the judge did not consider there was enough evidence that Bendectin increased the chance of developing birth defects.

The Daubert decision was a setback to plaintiffs who had filed lawsuits against pharmaceutical companies in seeking justice. However, there are many avenues for an injured party may pursue a lawsuit for birth defects.

A Philadelphia birth defect attorney can help victims determine whether they're eligible for a claim. A lawyer can help victims determine if they're qualified to file an individual lawsuit or a class action. In some cases lawyers can start a lawsuit for birth injuries as part a multidistrict lawsuit. Complete the form below to receive a private and free consultation with an attorney.

Representation

While modern technology and recent advances in the field of medicine have greatly reduced the risk of complications during childbirth and pregnancy, they are not entirely eliminated. If a Siler City Birth Defect Lawsuit defect injury occurs, and the cause is preventable, parents can pursue legal action to cover costs related to treatment.

Medical negligence cases typically stem from a doctor's failure to diagnose or treat a condition. A physician may fail to diagnose an ultrasound or make a mistake in surgery, resulting in monee birth defect law firm defects, such as spina bifida. Birth defects can also be caused by improper medication that is taken by the mother or exposure to chemicals or other environmental dangers during the development of the baby during the womb.

A birth defect can affect any part of a newborn's body, and affect their health, functioning and appearance. In certain instances, a birth defect can severely reduce a baby's life expectancy or lead to a significant amount of medical expenses.

If you believe your child's birth defect or injury was the result of medical malpractice or negligent care during labor or pregnancy get in touch with a reputable birth defect attorney today. A lawyer can help explain your options and assist you file a claim prior to the statute of limitation expiring. A lawyer can also negotiate a settlement with the responsible parties for the harm to your infant.