How to File a Birth Defect Lawsuit

Modern medicine and technology have greatly reduced the risks of childbirth. But, a birth defect or injury still occurs frequently.

A birth defect lawsuit seeks to pay your child's medical expenses, educational costs and other losses. To pursue such a claim, you must demonstrate that a medical professional breached the standard of care prior to or during pregnancy, or lawsuits during the delivery.

Damages

Pregnancy can be one of the most exciting but nerve-wracking moments in the life of a parent. Parents want their babies perfect, and doctors do everything they can to avoid birth defects. Unfortunately, negligence and carelessness on the part of medical practitioners can increase the risk of birth defects and injuries. When this happens families that are shocked should consider seeking justice through a birth defect lawsuit.

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

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

If you suspect that medical error caused your child's birth injury or birth defect, you should seek out a birth defect lawyer immediately. In some states, you only have one year to file a suit for medical malpractice. If you wait longer it could mean that your child will not receive the justice they deserve.

Statute of limitations

A statute of limitations is a law that determines the time limit for a person to file a civil claim. A person who misses an expiration date will lose the right to claim damages against a defendant. Birth injury claims have a more complicated time limit than other medical malpractice claims.

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

To prove medical malpractice, the victim must prove that the doctor responsible did not adhere to the standards of care and consideration expected by another health care provider in similar circumstances. This includes failing to recognize an illness that is serious, for example, low levels of oxygen in the childbirth process which can result in cerebral palsy and brain damage.

The first step in filing a birth defect lawsuit is to speak with an experienced attorney. Many attorneys provide free consultations for potential clients. If an attorney is convinced that the claim of a client is valid, they will review the medical records of the client, and they will hire experts to assess them. They will also help prepare documents and file the medical malpractice suit on time.

Expert Witnesses

In cases that involves birth injuries, it is essential to have medical experts that can provide a jury with the medical practices and procedures. Expert witnesses can be difficult since they have to scrutinize the vast amount of information to make decisions that are based on evidence rather than opinion. They also have to be willing to testify on evidence that might contradict their beliefs.

In the Daubert case the plaintiffs' experts claimed that Bendectin contributed to birth defects in their child. The judge concluded that the evidence was "at the cutting-edge of scientific research where fact meets theories and certainty transforms into probabilities." However, he did not believe there was enough evidence that Bendectin caused birth defects.

The Daubert decision was a setback to plaintiffs who had filed lawsuits against pharmaceutical companies in the hope of obtaining justice. There are a variety of avenues for an injured party to seek a legal action over the birth defect.

A Philadelphia birth defect lawyer can assist victims in determining whether they're eligible for a claim. A lawyer can determine if the plaintiff is eligible to file a lawsuit individually or as part of an action class. In some cases lawyers can bring a birth injury lawsuit as part of a multidistrict litigation (MDL). To get started you must fill out the form here for an initial consultation for free and confidential with a professional attorney.

Representation

Modern technology and recent advances in the field of medicine could have decreased the chance of complications arising during pregnancy and childbirth, however they're still 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 are often caused by a doctor's inability to diagnose or treat an illness. For example, a physician may fail to conduct an ultrasound test or make mistakes during surgery, resulting in a birth defect like spina bifida. Other causes that can lead to birth defect lawsuits include insufficient medication for the mother or exposure to chemicals or other environmental hazards while the baby develops in the womb.

A birth defect could affect any part of the newborn's body, affecting their appearance, health, and functioning. In some cases birth defects may reduce the lifespan of a baby or result in substantial medical expenses.

If you suspect the birth defect or injury was caused by negligence or medical malpractice during labor or birth get in touch with a reputable birth defect attorney today. A lawyer can help you understand your options and lawsuits make a claim before the statute of limitations runs out. A lawyer can also negotiate a settlement with the parties responsible for the harm to your child.