How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have significantly reduced the risks associated with birth. However, birth defects or injury still occurs frequently.

A birth defect lawsuit seeks reimbursement for your child's medical expenses as well as educational costs and other expenses. To be able to pursue a claim, you need to demonstrate that a medical professional breached the standard of care prior to pregnancy or delivery.

Damages

Pregnancy can be one of the most exciting yet nerve-wracking experiences in a parent's lifetime. Parents want their children to be perfect and doctors do everything to prevent birth defects. Medical negligence and inattention can increase the risk of birth defects and injuries. In the event of this happening families that are shocked should consider seeking justice through a birth defect lawsuit.

A successful birth defect lawsuit can result in damages for a multitude of different things. This includes the victim's pain and suffering as well as loss of consortium, medical expenses, and loss of earning capacity. The amount of damages a victim will receive will depend on the severity of their child's condition and the extent to which it has impacted with their quality of life.

Environmental exposures can cause birth defect law firm injuries and birth defects. Studies have revealed that certain chemicals like fungicides, pesticides and lead, as well paints, and heavy metals can increase the chances of birth defects. Birth defect lawyers have brought suits against businesses that have exposed workers to toxic chemicals, as well against pharmaceutical companies who have manufactured products that cause birth defects in fetuses, such as DES.

If you suspect that medical error caused the birth injury or birth defect, seek out a birth defect lawyer immediately. In certain states, you are given one year to file a lawsuit claiming medical malpractice. If you wait longer this could mean that your child will never receive the justice they deserve.

Statute of Limitations

A statute of limitations is a law that defines the time frame for which a person has to file a civil claim. A person who misses a deadline will lose the right to claim damages against a defendant. Birth injury cases have more complicated statutes of limitations than other types of medical malpractice claims.

A lawsuit is typically brought against the hospital or doctor who caused injury to an individual during labor and delivery. These cases are often known as birthing injury lawsuits or wrongful birth suits, however Florida's laws permit parents to file a medical malpractice suit for an infant's death.

In order to prove medical malpractice, the party who suffered will need to show that the doctor at fault was not able to meet the standard of care or consideration expected by another health healthcare provider in similar circumstances. This includes failing to recognize a serious condition like low oxygen levels during childbirth which can cause brain damage and cerebral palsy.

The first step to file a birth defect lawsuit is to speak with a skilled attorney. A majority of attorneys offer free consultations to potential clients. If the attorney believes a client has a valid case, they will look into medical records and hire experts to evaluate the case. They will also assist in preparing documents and file the medical malpractice lawsuit in time.

Expert Witnesses

In the case of a birth injury it is crucial to have experts who can explain medical practices and procedures before a jury. However, expert witnesses can be difficult to work with since they must scrutinize huge amounts of evidence and make decisions based on the facts rather than their opinions. They must also be able to testify regarding information that might contradict their positions.

In the Daubert Case the plaintiffs' expert believed that Bendectin was the cause of the birth defect in their child. The judge ruled that the evidence was "at the cutting-edge of scientific research, where science meets theories and the certainty is transformed into probabilities." However the judge was not convinced there was enough evidence that Bendectin caused birth defects.

The Daubert ruling was a setback to the plaintiffs, who had suing pharmaceutical companies to try and win justice. However, there are many avenues for an injured person could pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer can help victims on whether they're eligible for a claim. A lawyer can help clients determine if they're qualified to file a lawsuit on their own or a class action. In certain cases attorneys can bring a lawsuit on behalf of a birth injuries as part a multidistrict litigation. To begin complete the form on this page to request a the opportunity to have a no-cost and confidential consultation with a qualified attorney.

Representation

Modern technology and recent advances in the medical field may have reduced the risk of complications occurring during childbirth and pregnancy, but they are not completely eliminated. If a birth defect, or injury occurs, and the cause was preventable, parents can seek legal action to cover costs related to treatment.

Medical negligence claims tend to be based on a doctor's failure identify or treat an illness. Physicians may fail to diagnose an ultrasound or make a mistake during surgery, resulting in birth defects such as spina bifida. Other common causes of a birth defect lawsuit include inadequate medication for the mother or exposure to chemicals or other environmental dangers while the baby develops in the womb.

A birth defect can affect any part of a newborn's body, and affect their health, function and appearance. In certain cases birth defects can shorten the lifespan of a baby or result in significant medical costs.

If you believe the birth defect or injury was due to negligence or medical malpractice during labor or pregnancy seek out a qualified birth defect lawyer today. A lawyer can provide you with your options and assist you submit a claim prior to the statute of limitation expiring. A lawyer may also be capable of negotiating an agreement on behalf of you with the parties accountable for the injury to your child.