How to File a Birth Defect Lawsuit

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

A birth defect lawsuit seeks to pay your child's medical expenses, educational costs, and other losses. To be able to file an action, you must demonstrate that a medical professional violated the standard of care before or during pregnancy or delivery.

Damages

Pregnancy is one of the most exciting and nerve-wracking times in a parent's life. Parents want their babies perfect, and doctors do their best to avoid birth defects. Medical negligence and carelessness can increase the risk for birth defects and injuries. A family that is shocked by this news should think about suing for a birth defect.

A successful birth defect lawsuit may result in damages for a variety of different things. These include the victim's pain and suffering as well as loss of consortium, medical expenses and lost earning capacity. The amount of damages an individual victim will be awarded depends on the severity of the child's illness, and how much it has affected their standard of living.

Environmental exposures can result in birth injuries and birth defects. Studies have shown that pesticides such as lead and fungicides, as well heavy metals, paints, and heavy metals, could increase the risk of birth defects. Birth defect lawyers have filed suits against companies that exposed workers to these hazardous chemicals, as well as against pharmaceutical companies that have produced products that cause birth defects in fetuses such as DES.

If you suspect that your child's birth defect, or birth injury is the result of medical malpractice, you should consult a skilled jacinto city birth defect attorney defect lawyer as soon as possible. In certain states, you have only one year to file a suit for medical malpractice. If you delay, it could mean that your child will not receive 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 lawsuit. A person who misses a deadline loses the right to seek damages from a defendant. Birth injury cases could have more complex statutes of limitations than other kinds of medical malpractice claims.

A lawsuit is typically filed against the doctor or hospital who caused injury to an individual during labor and delivery. These cases are usually called birthing injuries lawsuits or wrongful birth suits however, Florida's laws permit parents to pursue a medical malpractice suit for the death of an infant.

To prove medical negligence, the person who was injured will need to show that the doctor responsible did not follow the level of care and consideration expected by another health healthcare provider in similar circumstances. This includes not being able to identify an illness that is serious such as low oxygen levels during childbirth which can cause brain damage and cerebral palsy.

Contacting a qualified attorney is the first step towards filing a lawsuit against birth defects. A majority of attorneys offer free consultations and case reviews to prospective clients. If an attorney believes that the claim of a client is legitimate they will look over the medical documents of the client and employ experts to evaluate 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 practices and procedures to jurors. Expert witnesses can be difficult as they have to scrutinize a vast amount of data in order to make a decision that are based on evidence rather than opinion. They should also be able to provide evidence on matters that could contradict their opinions.

In the Daubert Case the plaintiffs' expert argued that Bendectin is the reason for the birth defect in their child. The judge found that the evidence was on the "cutting edge of scientific research, where fact meets theory and certainty dissolves into probability." However the judge did not believe there was sufficient evidence that Bendectin doubled a baby's risk of developing birth defects.

The Daubert ruling was a setback for vimeo plaintiffs who had sued pharmaceutical companies to achieve justice. But there are many avenues for an injured person could pursue a birth defect lawsuit.

A Philadelphia birth defect attorney can assist those suffering from birth defects to determine whether they have a case. A lawyer 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 of multidistrict litigation. To begin complete the form on this page to request a a free and confidential consultation with a qualified attorney.

Representation

Although the latest technology and developments in the field of medicine have significantly reduced the risk of complications during childbirth and pregnancy however, they are not completely eliminated. Parents may pursue legal action if a birth defect or birth injury occurs, and the reason could have been avoided.

Medical negligence claims usually result from a doctor's inability to diagnose or treat a condition. A physician may fail to perform an ultrasound or make a mistake during surgery, resulting in birth defects such as spina bifida. Birth defects can be caused by improper medication taken by the mother, or exposure to chemicals and other environmental dangers during the development of the baby in the womb.

A birth defect can affect any part of the body of a baby and impact their health, function and appearance. In some cases, birth defects can reduce the life span of a child or trigger significant medical costs.

If you suspect your child's birth defect or injury was the result of negligence or medical malpractice during labor or pregnancy seek out a qualified birth defect attorney today. A lawyer can help you identify your options and submit a claim before the time limit expires. A lawyer might also be able to negotiate a settlement on your behalf with the parties accountable for your infant's injury.