How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have significantly reduced the risks associated with the birth of a child. Birth defects or injuries continue to occur frequently.

A birth defect lawsuit seeks compensation for your child's medical expenses education costs, as well as other expenses. You must prove that the medical professional who was involved violated the standard care prior to or during the birth or delivery.

Damages

Pregnancy can be one of the most exciting yet nerve-wracking times during the lifetime of a parent. Parents want their children to be perfect, and doctors work to do everything they can to prevent birth defects from occurring. Unfortunately, carelessness and negligence on the part of medical professionals can increase the risk of birth injuries and birth defects. A family that is stricken by this news should think about suing for a birth defect.

A successful birth defect lawsuit could result in damages for many different things. This includes suffering and pain for the victim as well as loss of consortium and medical costs, as well as lost earning capacity. The amount of compensation the victim will receive is contingent on the severity of the child's medical condition, and how much it has affected their standard of living.

Birth injuries and birth defect lawyers birth defects can be caused by a variety of causes which include exposure to environmental factors. Studies have proven that certain chemicals, like pesticides, fungicides lead, paints and heavy metals may increase the risk of birth defects. Birth defect lawyers have brought suits against businesses that have exposed workers to harmful chemicals, and also against pharmaceutical companies that have made medications that can cause birth defect legal defects in fetuses like DES.

If you suspect that medical malpractice caused the birth injury or birth defect, seek out a birth defect law defect lawyer immediately. In certain states, there's only one year to file a medical negligence 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 which establishes the deadline for an individual to file a civil lawsuit. If a person fails to meet an expiration date will lose the right to sue a defendant for damages. Birth injury claims may have a more complicated time limit than other medical malpractice claims.

A lawsuit is typically filed against the doctor or hospital who caused injury to the patient during labor and delivery. These cases are commonly called birthing injury lawsuits or wrongful birth suits, however Florida's laws permit parents to make a claim for medical malpractice for the death of an infant.

To prove medical negligence, the person who was injured will need to show that the doctor who was at fault did not adhere to the level of care and consideration required by a different health healthcare provider in similar situations. 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 to file a birth defect lawsuit is to contact a skilled attorney. A majority of attorneys offer free consultations to potential clients. If the lawyer believes that a client has a valid case, they will look over medical records and hire experts to evaluate the evidence. They will also help prepare documents and file the medical malpractice suit on time.

Expert Witnesses

In cases involving birth injuries, it's essential to be able to have medical experts provide a jury with the medical procedures and practices. However, birth defect lawyers expert witnesses aren't easy to work with because they have to carefully review huge amounts of information and make decisions based on evidence rather than their opinions. They should also be able to testify on facts that might contradict their position.

In the Daubert Case, the plaintiffs' expert claimed that Bendectin caused their child's birth defect. The judge ruled that the evidence was "at the cutting edge of scientific research where fact meets theories, and certainty dissolves into probabilities." However the judge did not believe there was enough evidence that Bendectin caused birth defects.

The Daubert ruling was a setback for the plaintiffs, who had filed a lawsuit against pharmaceutical companies to get justice. There are numerous avenues an injured person can seek a legal action over the birth defect.

A Philadelphia birth defect lawyer can assist those suffering from birth defects to determine if they have a case. A lawyer can determine whether the plaintiff is eligible to file a lawsuit on their own or as part of a class action. In some cases attorneys can make a claim for birth injury as part of multidistrict litigation. To get started by filling out the form below for a an initial consultation for free and confidential with a professional lawyer.

Representation

Modern technology and recent advances in the field of medicine could have decreased the chance of complications arising during pregnancy and childbirth but they're not completely eliminated. Parents can take legal action if a birth defect or birth injury occurs, and the cause could have been avoided.

Medical negligence claims typically stem from a doctor's failure to diagnose or treat a problem. A doctor may fail to perform an ultrasound or make a mistake during surgery, resulting in birth defects, such as spina bifida. Other common causes of a birth defect lawsuit are inadequate medication for the mother or exposure to chemicals or other environmental hazards as the baby is growing in the womb.

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

Contact a birth defect lawyer today if you suspect that the birth defect or injury was caused by medical negligence or mistakes during labor or pregnancy. A lawyer can explain your options and assist you submit a claim prior to the statute of limitations expiring. A lawyer may also be competent to negotiate settlements on behalf of you with the responsible parties for the injuries your infant sustained.