How to File a Birth Defect Lawsuit

Modern medical and technological advances have significantly decreased the risks of childbirth. Birth defects or injuries occur frequently.

A birth defect lawsuit seeks reimbursement for your child's medical expenses, educational costs, and other losses. To be able to pursue claims, you must prove that a medical professional breached the standard of care prior to pregnancy or during the delivery.

Damages

Pregnancy is among the most exciting and nerve-wracking moments in the life of a mother. Parents want their babies to be perfect, and doctors strive to do everything possible to prevent birth defects from happening. Medical negligence and carelessness could increase the risk of birth defects and injuries. When this occurs the family of the victim might want to pursue justice via a birth defect lawsuit.

A successful birth defect suit could result in damages for a variety of different things. These include the victim's suffering and suffering as well as loss of consortium, medical expenses and lost earning capacity. The amount of damages a victim will receive depends on the severity of the child's condition, and how much it has affected their standard of living.

Environmental exposures can cause birth defects and birth injuries. Studies have shown that certain chemicals like fungicides, pesticides and lead, as well paints and heavy metals can increase the chance of birth defects. Birth defect lawyers have brought lawsuits against companies that exposed workers to harmful chemicals, and against pharmaceutical companies that have developed products that cause birth defects in fetuses, such as DES.

If you suspect medical malpractice caused the birth injury of your child or birth defect, consult a birth defect lawyer immediately. In some states, you only have one year to file a lawsuit against medical malpractice. If you wait longer this could mean that your child will never get the justice they deserve.

Statute of Limitations

A statute of limitations is a law that establishes the deadline for an individual to file an action in civil court. If someone misses the deadline, they lose the right to claim damages from the defendant. Birth injury cases could have more complex statutes of limitations than other kinds of medical malpractice claims.

A lawsuit is usually brought against the hospital or doctor who caused injury to patients during labor or birth. These types of cases are typically called birthing injury lawsuits or wrongful birth suits, although Florida's laws allow parents to bring a medical malpractice lawsuit for an infant's death.

To prove medical malpractice, the victim must prove that the doctor at fault was not able to meet the standard of care or consideration required by a different health medical professional in similar circumstances. This includes not being able to identify an illness of serious severity such as low levels of oxygen in the childbirth process which can cause cerebral palsy and brain damage.

Finding a reputable attorney is the first step to filing an action for birth defects. Most attorneys offer free consultations to potential clients. If the attorney is convinced that a client has a valid case, they will review medical records and hire experts to evaluate their credibility. They will also help prepare documents and file the medical malpractice lawsuit on time.

Expert Witnesses

In a case involving a birth injury it is crucial to have experts who can explain medical procedures and practices to a jury. However, expert witnesses can be difficult to work with since they have to carefully review huge amounts of data and be able to make decisions based upon facts rather than their opinions. They must also be willing to testify on evidence which may contradict their position.

In the Daubert case, the plaintiffs' experts claimed that Bendectin contributed to their child's birth defects. The judge ruled that the evidence was "at the cutting edge of scientific research, where evidence meets theories and certainty transforms into probabilities." However the judge was not convinced there was enough evidence to conclude that Bendectin caused birth defects.

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

A Philadelphia birth defect attorney can assist victims in determining whether they are a victim. Lawyers can determine if the plaintiff is eligible to file a suit on their own or as part of an action class. In certain cases lawyers may be able to file a birth injury lawsuit as part of a multidistrict litigation (MDL). To get started, fill out the form below for a a free and confidential consultation with a licensed lawyer.

Representation

While modern technology and recent developments in the field of medicine have greatly reduced the risk of complications during childbirth and pregnancy 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 prevented.

Medical negligence claims tend to be caused by a doctor's inability to diagnose or treat an illness. Physicians may not perform an ultrasound or make a mistake in surgery, leading to a birth defect such as spina bifida. Other causes for birth defect lawsuits include insufficient medication for the mother or exposure to chemicals or other environmental dangers while the baby is growing in the womb.

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

If you believe the birth defect or injury is the result of medical malpractice or negligent care during labor or birth seek out a qualified birth defect attorney today. A lawyer can provide you with your options and assist you to file a claim prior to the deadline for filing. A lawyer can also negotiate a settlement with the parties accountable for the injuries suffered by your infant.