How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have drastically reduced the risks associated with childbirth. Birth defects or injuries occur frequently.

A birth defect lawsuit seeks to recover for your child's medical expenses as well as educational costs and other expenses. To pursue an action, you must prove that a medical professional did not meet the standard of care prior to or during pregnancy, or during the delivery.

Damages

Pregnancy is one of the most exciting and nerve-wracking experiences a parent can experience. Parents want their babies to be perfect, and doctors attempt to do everything they can to prevent birth defects from happening. Unfortunately, carelessness and negligence on the part of medical practitioners can increase the risk of birth injuries and defects. A family that is shocked by this news should think about the possibility of suing over a birth defect.

A successful birth defect lawsuit could result in damages for a multitude of different things. This includes suffering for the victim as well as loss of consortium and medical expenses, in addition to lost earning capacity. The amount of damages the victim will be awarded is contingent on the degree of the child's health and how it has affected their quality of life.

Environmental exposures can result in birth injuries and birth defects. Studies have proven that certain chemicals such as pesticides, fungicides and lead, as well as paints and heavy metals can increase the chances of birth defects. Birth defect lawyers have brought suits against companies that exposed workers to harmful chemicals, and also against pharmaceutical companies that have made drugs that can cause birth defects in fetuses, like DES.

If you suspect medical malpractice caused your child's birth injury or birth defect, you must seek out a birth defect lawyer immediately. In some states, you only have one year to file a medical malpractice suit, and waiting any longer than that could mean losing your chance to get the justice you are due for the injury your child sustained.

Statute of limitations

A statute of limitations is a law that establishes the time limit for a person to file an action in civil court. If a claimant fails to file by the deadline, they lose the right to claim damages from the defendant. shaker Heights birth defect lawsuit injury claims can have a more complicated time limit than other medical malpractice claims.

A lawsuit is typically brought against the doctor or hospital who caused injury to patients during labor or delivery. These types of cases are typically known as birthing injury lawsuits or wrongful birth suits though Florida's laws allow parents to pursue a medical malpractice suit to bring a child's death.

In order to prove medical malpractice, the victim must prove that the doctor responsible didn't adhere to the standards of care and consideration required by a different health medical professional in similar circumstances. This could include failing to recognize a serious condition such as low oxygen levels in childbirth which can lead to cerebral palsy and brain damage.

The first step in filing a birth defect lawsuit is to get in touch with a skilled attorney. Many attorneys provide free consultations for potential clients. If an attorney believes that the claim of a client is legitimate, they will review the medical documents of the client, and they will hire experts to evaluate the evidence. They will also assist in preparing documents and file the medical malpractice lawsuit in time.

Expert Witnesses

In a case involving birth injuries it is essential to have experts who can explain medical practices and procedures to a jury. However, expert witnesses aren't easy to work with because they must scrutinize huge amounts of information and make decisions based on evidence rather than opinions. They must also be able to testify regarding facts that might conflict with their positions.

In the Daubert case the plaintiffs' experts argued that Bendectin caused their child's birth defects. The judge concluded that the evidence was on the "cutting edge of scientific research, where fact meets theory and certainty dissolves into probability." However the judge did consider there was enough evidence that Bendectin doubled a baby's risk of developing birth defects.

The Daubert ruling was a setback to the plaintiffs, who had filed a lawsuit against pharmaceutical companies in order to win justice. But there are numerous avenues that an injured person can pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer can help victims on whether they have claims. A lawyer can help plaintiffs determine whether they are eligible to file a lawsuit as an individual or a class action. In some cases lawyers can start a lawsuit for birth injury as part multidistrict litigation. Please fill out the form below for a confidential and free consultation with an attorney.

Representation

While modern technology and recent developments in the field of medicine have significantly reduced the risk of complications during pregnancy and childbirth However, they aren't eliminated. Parents can pursue legal action if they suffer a birth injury or defect occurs, and the cause could have been avoided.

Medical negligence claims usually result from a doctor's inability to identify or treat a condition. A physician may fail to conduct an ultrasound or make a mistake in surgery, leading to birth defects, such as spina bifida. Other causes for boca raton birth defect attorney defect lawsuits include insufficient 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 the body of a newborn which can affect their health, appearance and function. In certain cases birth defects may reduce the lifespan of a baby or result in significant medical expenses.

If you suspect the birth defect or injury was caused by negligence or medical malpractice during labor or pregnancy seek out a qualified birth defect attorney today. A lawyer can help explain your options and help submit a claim prior to the time limit expiring. A lawyer can also negotiate a settlement with the responsible parties for the injuries suffered by your child.