How to File a Birth Defect Lawsuit

Modern technology and medicine have dramatically decreased the risks of childbirth. But, a birth defect or injury can still happen frequently.

A birth defect lawsuit seeks reimbursement for your child's medical expenses education costs, as well as other expenses. You must prove that the medical professional in question has violated the standard medical care prior to or during the pregnancy or birth.

Damages

Pregnancy is one of the most exciting and nerve-wracking times in a parent's life. Parents want their children to be perfect, and doctors work to do everything they can to stop birth defects from happening. Unfortunately, carelessness and negligence on the part of medical professionals can increase the chance of birth injuries and birth defects. When this occurs an astonished family ought to consider pursuing justice through a birth defect lawsuit.

A successful birth defect lawsuit can result in damages for a number of different things. This includes pain and suffering for the victim as well as loss of consortium and medical expenses, not to mention lost earning capacity. The amount of damages a victim will receive depends on the degree of the child's health and how much it has affected their standard of life.

Birth injuries and birth defects can be caused by a number of factors which include environmental exposures. Studies have shown that certain chemicals such as pesticides, fungicides lead, heavy metals and paints can increase the risk of birth defects. Birth defect lawyers have brought suits against companies that exposed workers to these harmful chemicals, and also against pharmaceutical companies that have made products that cause birth defects in fetuses such as DES.

If you think your child's birth defect or injury was caused by medical negligence, you must speak with a skilled birth defect lawyer as quickly as possible. In some states, there's only one year to file a medical negligence suit, and waiting any longer than that could mean losing the chance to receive the justice you deserve for your child's injury.

Statute of Limitations

A statute of limitations is a law that establishes the time frame for which a person has to file a civil lawsuit. If a person fails to meet the deadline, they lose their 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 hospital or doctor who caused the patient's injuries during labor and delivery. These cases can be called birthing injury suits or wrongful birth lawsuits although Florida's laws permit parents to file a malpractice lawsuit in the event of the death of a child.

In order to prove medical malpractice, the injured party must prove that the doctor responsible didn't adhere to the level of care and consideration required by a different health medical professional in similar circumstances. This includes failing diagnose serious conditions like low oxygen levels in childbirth that can cause cerebral palsy and brain damage.

The first step in filing a birth defect lawsuit is to reach a skilled attorney. A majority of attorneys offer free consultations to potential clients. If an attorney believes that the claim of a client is legitimate they will examine the medical records of the client and hire experts to analyze the records. They can also assist in the preparation of documents and file the medical malpractice lawsuit on time.

Expert Witnesses

In a case involving a birth injury, it is important to have experts who can explain medical procedures and practices to jurors. Expert witnesses can be difficult as they have to carefully review a large amount of information in order to make a decision that are based on evidence rather than opinions. Additionally, they must be willing to testify about facts that might conflict with their opinions.

In the Daubert case the plaintiffs' experts suggested that Bendectin had caused their child's birth defects. The judge found that the evidence was on the "cutting edge of research in science, where fact meets theory and the certainty transforms into probabilities." However the judge did believe there was sufficient evidence to support the claim that Bendectin increased the chance of developing birth defects.

The Daubert ruling was a setback for the plaintiffs, who had suing pharmaceutical companies to get justice. Nonetheless, there are still many ways that the injured party could pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer can help victims on whether they're eligible for an opportunity to file a claim. A lawyer can help plaintiffs determine if they are qualified to file a personal lawsuit or a class action. In certain situations a lawyer may start a lawsuit for birth injuries as part of multidistrict lawsuit (MDL). To begin complete the form on this page to request a a free and confidential consultation with a qualified attorney.

Representation

Although the advancements in technology and advances in the field of medicine have greatly reduced the risk of complications during childbirth and pregnancy but they aren't completely eliminated. When a birth defect or injury occurs and the cause was preventable parents can seek legal action to cover the costs related to treatment.

Medical negligence claims typically stem from a doctor's failure to properly diagnose or treat a condition. For instance, a doctor may fail to conduct an ultrasound test or make an error during surgery, which could result in a birth defect like spina bifida. Other causes that can lead to a birth defect lawsuit include an ineffective 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, functioning and appearance. In certain instances, a birth defect can drastically reduce a baby's life expectancy or lead to an enormous amount of medical costs.

If you think the birth defect or injury is the result of negligence or medical malpractice during pregnancy or labor, contact a qualified birth defect lawyer today. A lawyer can help determine your options and submit a claim before the time limit expires. A lawyer can also negotiate a settlement with the parties responsible for the injury suffered by your child.