How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have significantly reduced the risks associated with birth. But, a birth defect or injury still happens frequently.

A birth defect lawsuit seeks to recover for medical expenses of your child as well as educational costs and other expenses. You must prove that the medical professional you are suing violated the standard treatment during or prior to the birth or during pregnancy.

Damages

Pregnancy is among the most exciting and stressful times in a parent's life. Parents want their children to be perfect, and doctors try to do all they can to prevent birth defects from occurring. Unfortunately, negligence and carelessness on the part of medical professionals can increase the risk of birth injuries and birth defects. When this occurs the family of the victim might want to pursue justice via a birth defect lawsuit.

A successful birth defect lawsuit could result in damages for a multitude of different things. This can include pain and suffering for the victim along with loss of consortium and medical costs, as well as loss of earning capacity. The amount of damages that an individual victim will be awarded depends on the severity of the child's illness and how much it has affected their quality of life.

Birth defects and birth injuries can be caused by a number of factors, including exposure to environmental factors. Studies have revealed that certain chemicals, like fungicides, pesticides and lead, as well as paints, and heavy metals can increase the likelihood of st charles birth defect lawyer defects. Birth defect lawyers have brought suits against companies that exposed workers to hazardous chemicals, as well as against pharmaceutical companies that have produced drugs that could cause birth defects in fetuses, like DES.

If you think your child's birth defect, or birth injury was caused by medical negligence, you must consult a reputable birth defect lawyer as quickly as possible. In certain states, you only have one year to file a lawsuit for medical malpractice. If you put off filing a lawsuit for a longer period and you don't, your child will never get the justice they deserve.

Statute of limitations

A statute of limitation is a law that defines the deadline for an individual to file a civil lawsuit. If a claimant fails to file by the deadline, they will lose their right to seek damages from a defendant. Birth injury cases can be more complex in terms of the statute of limitations than other medical malpractice claims.

A lawsuit is usually filed against the hospital or doctor that caused a patient's injuries during labor and birth. These cases are usually known as birthing injury lawsuits or wrongful birth suits, although Florida's laws allow parents to file a medical malpractice suit for an infant's death.

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

Finding a reputable attorney is the first step towards filing an action for birth defects. The majority of lawyers offer free consultations to prospective clients. If the attorney believes a client has a valid claim, they will look into medical records and engage expert witnesses to assess the case. They will also assist with the preparation of documents and file the medical malpractice lawsuit on time.

Expert Witnesses

In a case involving birth injuries it is essential to have experts who can explain medical procedures and practices to a jury. However, expert witnesses can be difficult to work with as they have to carefully review huge quantities of information and make decisions based on facts rather than their opinions. They should also be prepared to provide evidence on matters which may contradict their opinion.

In the Daubert Case, the plaintiffs' expert argued that Bendectin was responsible for the birth defect of their child. The judge found that the evidence was on the "cutting edge of research in science, where fact meets theory and the 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 decision was a setback to plaintiffs who had filed lawsuits against pharmaceutical companies in the hope of obtaining justice. But there are various ways in which an injured person can pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer can provide victims with advice about whether they are eligible for claims. A lawyer can assist victims determine if they're qualified to file an individual lawsuit or a class action. In some instances an attorney may be able to file a lawsuit for birth injuries as part of an interdistrict litigation. Fill out the form below to get a confidential and free consultation with an attorney.

Representation

Modern technology and recent advances in medical technology may have reduced the chance of complications arising during childbirth and pregnancy, but they are not completely eliminated. Parents can seek legal action if they suffer a birth defect or birth injury occurs, and the reason could have been prevented.

Medical negligence claims usually stem from a doctor's failure to identify or treat a problem. For instance, a physician may fail to conduct an ultrasound screening or make an error during surgery, which could result in a birth defect such as spina bifida. Other causes for a birth defect lawsuit comprise an ineffective medication for the mother or exposure to chemicals or other environmental hazards as the baby develops in the womb.

A birth defect may affect any part of the newborn's body and affect their health, appearance and function. In some instances birth defects can drastically reduce a baby's life expectancy or lead to an enormous amount of medical expenses.

If you think your child's Ephrata birth defect attorney defect or injury was due to medical malpractice or negligent care during labor or pregnancy consult a certified birth defect lawyer today. A lawyer can assist you discover your options and file a claim before the deadline for filing a claim expires. A lawyer can also negotiate an agreement with the responsible parties for the injuries suffered by your child.