How to File a Birth Defect Lawsuit

Modern technology and medicine have dramatically decreased the risks of childbirth. However, birth defects or injury still happens frequently.

A birth defect lawsuit seeks reimbursement for medical expenses of your child education costs, as well as other expenses. To pursue such a claim, you need to demonstrate that medical professionals breached the standard of care prior to or during pregnancy or delivery.

Damages

Pregnancy is among the most exciting and stressful times in a parent's life. Parents want their babies to be perfect, and doctors try to do all they can to prevent birth defects from happening. However, carelessness and negligence on the part of medical practitioners can increase the chance of birth injuries and birth defects. If this happens families that are shocked 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 pain and suffering and loss of consortium, medical expenses and lost earning capacity. The amount of damages that the victim will be awarded is contingent on the severity of the child's illness and how much it has affected their quality of living.

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

If you suspect that medical malpractice caused the birth injury of your child or birth defect, you should consult a lawyer for birth defects immediately. In some states, you only have one year to file a suit for medical malpractice. If you wait longer and you don't, your child will not receive the justice they deserve.

Statute of limitations

A statute of limitation is a law that sets the time limit for someone to file a civil lawsuit. Anyone who fails to meet a deadline will lose the right to claim damages against a defendant. Birth injury cases have more complex statutes of limitations than other kinds of 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 cases are often called birthing injury lawsuits or wrongful birth lawsuits however, Florida's laws allow parents to file a malpractice suit in the event of the death of a baby.

To prove medical negligence, the person who was injured must prove that the doctor at fault did not adhere to the standard of care or consideration required by a different health medical professional in similar circumstances. This includes failing to recognize a serious condition such as low levels of oxygen during childbirth which can lead to cerebral palsy and brain damage.

Finding a reputable attorney is the first step to filing a lawsuit against birth defects. Most attorneys offer free consultations to prospective clients. If an attorney believes that the client's claim is legitimate they will look over the medical documents of the client and then hire experts to review the records. They will also help prepare documents and file the medical malpractice lawsuit in time.

Expert Witnesses

In the case of a birth injury, it is important to have experts who can explain medical procedures and practices before a jury. Expert witnesses aren't easy to work with as they must be able to scrutinize massive amounts of evidence and be able to make decisions based on facts rather than their opinions. They must also be willing to testify on evidence that might contradict their opinion.

In the Daubert case the plaintiffs' experts argued that Bendectin contributed to their child's birth defects. The judge found that the evidence was on the "cutting edge of scientific research, where fact is matched by theory, and certainty turns into probabilities." However the judge did not believe there was enough evidence to prove that Bendectin increased the chance of developing birth defects.

The Daubert decision was an affront to plaintiffs who had filed suit against pharmaceutical companies in an effort to obtain justice. Nonetheless, there are still various ways in which the injured party could pursue a lawsuit for birth defects.

A Philadelphia birth defect lawyer can assist those suffering from birth defects to determine whether they're eligible for a claim. A lawyer can decide if a plaintiff is eligible to file a lawsuit individually or as part of a class action. In certain situations lawyers may be able to start a lawsuit for birth injuries as part of multidistrict litigation (MDL). Please fill out the form below to receive a confidential and free consultation with an attorney.

Representation

Modern technology and recent advancements in the medical field may have reduced the risk of complications that can occur during childbirth and pregnancy, but they are not completely eliminated. If a birth defect, or injury occurs and the cause is preventable, parents can pursue legal action to pay for the costs related to treatment.

Medical negligence claims usually result from a doctor's inability to identify or treat a problem. A physician may fail to diagnose an ultrasound or make a mistake during surgery, leading to birth defects such as spina bifida. Birth defects can also be caused by improper medication that is taken by the mother or exposure to chemicals or other environmental dangers during the child's development during the womb.

A birth defect can affect any part of the newborn's body, affecting their health, appearance and functioning. In some cases birth defects can drastically reduce a baby's life expectancy or result in significant medical expenses.

Contact an attorney for birth defects now if you believe the birth defect or injury was the result of medical negligence or mistakes during labor or pregnancy. A lawyer can help explain your options and assist you file a claim prior to the deadline for filing. A lawyer might also be able to negotiate a settlement on behalf of you with the parties accountable for your infant's injury.