How to File a Birth Defect Lawsuit

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

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

Damages

Pregnancy is one of the most exciting and stressful moments in the life of a mother. Parents want their babies to be perfect, and doctors try to do everything they can to prevent birth defects from happening. Unfortunately, negligence and carelessness on the part of medical professionals can increase the risk of birth defects and injuries. When this occurs, a stunned family should consider seeking justice through a birth defect lawsuit.

A successful birth defect lawsuit could result in damages for a range of different things. These include a victim's suffering and suffering and loss of consortium medical expenses and lost earning capacity. The amount of compensation an individual victim will be awarded depends on the severity of the child's condition, and how much it has affected their standard of living.

Birth defects and birth injuries can be caused by a number of causes, including environmental exposures. Studies have proven that certain chemicals such as pesticides, fungicides and lead, as well as paints and heavy metals may increase the chance of birth defects. Birth defect lawyers have brought suits against businesses that have exposed workers to these toxic chemicals, as well against pharmaceutical companies who have manufactured drugs that can cause birth defects in fetuses, like DES.

If you believe that your child's birth defect or birth defect attorney injury was the result of medical negligence, you must consult a skilled birth defect lawyer as quickly as possible. In certain states, you have only one year to file a lawsuit for medical malpractice. If you put off filing a lawsuit for a longer period, it could mean that your child will not receive the justice they deserve.

Statute of limitations

A statute of limitations is a law that establishes the deadline for someone to file a civil lawsuit. If a person fails to meet the deadline will lose the right to seek damages from a defendant. Birth injury claims can have a more complicated statute of limitations than other medical malpractice claims.

A lawsuit is typically filed against the doctor or the hospital that caused injuries to a patient during labor and birth. These types of cases are typically referred to as birthing injury lawsuits or wrongful birth suits, although Florida's laws allow parents to file a medical malpractice suit to bring a child's death.

To prove medical negligence, the person who was injured will need to show that the doctor at fault did not follow the standard of care and consideration expected by another health medical professional in similar circumstances. This includes failing to diagnose an illness that is serious, for example, low oxygen levels in childbirth which could lead to cerebral palsy and brain damage.

The first step to file a birth defect lawsuit is to reach a skilled attorney. A majority of attorneys offer free consultations to potential clients. If the attorney believes that a client has a valid claim, they will examine medical records and engage experts to examine their credibility. They will also assist with the preparation of documents and file the medical malpractice suit on time.

Expert Witnesses

In cases which involves birth injuries, it is crucial to have medical experts that can explain to jurors the medical practices and procedures. However, expert witnesses aren't easy to work with as they must scrutinize huge amounts of information and make decisions based upon facts rather than opinions. They must also be willing to provide evidence on matters that could contradict their position.

In the Daubert case the plaintiffs' experts claimed that Bendectin was the cause of their child's birth defects. The judge concluded that the evidence was at the "cutting edge of scientific research, where fact meets theory, and certainty transforms into probability." However the judge did consider there was enough evidence that Bendectin doubled a baby's chance of developing birth defects.

The Daubert decision was a blow to plaintiffs that had filed a lawsuit against pharmaceutical companies the hope of obtaining justice. There are numerous avenues that the injured party could pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer can help victims on whether they're eligible for a right to sue. A lawyer can assist clients determine if they're eligible to file a lawsuit on their own or a class action. In some cases lawyers may be able to make a birth injury claim as part of multidistrict litigation (MDL). To get started you must fill out the form below for a the opportunity to have a no-cost and confidential consultation with a professional lawyer.

Representation

Although modern technology and recent advances in medicine have greatly reduced the risk of complications during pregnancy and childbirth however, they are not completely eliminated. When a birth defect or injury occurs and the cause was preventable parents may pursue legal action to cover the costs related to treatment.

Medical negligence claims are often based on a doctor's failure diagnose or treat a disease. For instance, a physician might fail to conduct an ultrasound screening or make an error during surgery, resulting in a birth defect, such as spina bifida. Other causes for a birth defect lawsuit include inadequate medication for the mother or exposure to chemicals or defect other environmental hazards when the baby is developing in the womb.

A birth defect can affect any part of a newborn's body, and affect their health, function and appearance. In certain instances, a birth defect can severely reduce a baby's lifespan or result in a significant amount of medical costs.

If you believe the birth defect or injury was the result of medical malpractice or negligent care during labor or defect birth get in touch with a reputable birth defect lawyer today. A lawyer can help you discover your options and make a claim prior to the statute of limitations expires. A lawyer may also be competent to negotiate settlements on your behalf with the parties responsible for the injuries your infant sustained.