How to File a Birth Defect Lawsuit

Modern medical and technological advances have significantly reduced the risk of childbirth. Birth defects or injuries occur often.

A birth defect lawsuit seeks compensation for your child's medical expenses as well as educational costs and other losses. You must prove that the medical professional involved has violated the standard medical care during or before the birth or delivery.

Damages

Pregnancy can be one of the most exciting yet nerve-wracking experiences in a parent's lifetime. Parents want their babies to be perfect, and doctors strive to do all they can to stop birth defects from happening. Unfortunately, negligence and carelessness on the part of medical practitioners can increase the risk of birth injuries and defects. Families who are shocked by this news should think about seeking legal action for a birth defect.

A successful birth defect lawsuit can result in damages for a range of different things. This includes pain and suffering for the victim, loss of consortium and medical costs, as well as lost earning capacity. The amount of damages a victim will receive will depend on the severity of their child's condition and the extent that it has affected in their quality of life.

Environmental exposures can result in birth defects and birth injuries. Studies have proven that certain chemicals like pesticides, fungicides and lead, as well as paints and heavy metals may increase the chance of birth defects. Birth defect lawyers have filed lawsuits against companies that have exposed workers to harmful chemicals, and also against pharmaceutical companies that have developed medications that can cause birth defects in fetuses like DES.

If you suspect that your child's birth defect or injury is the result of medical malpractice, it is important to seek out a skilled birth defect lawyer as soon as possible. In certain states, there's only one year to file a medical malpractice suit, and waiting longer than that could result in losing your chance to obtain the justice you deserve for your child's injury.

Statute of Limitations

A statute of limitations is a law that determines the deadline for when a person is allowed to file a civil action. If a person fails to meet an expiration date will lose the right to claim damages against a defendant. Birth injury claims can be more complex in terms of the statute of limitations than other medical malpractice claims.

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

To prove medical malpractice, the victim must prove that the doctor 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 during childbirth that can cause cerebral palsy and brain damage.

Finding a reputable attorney is the first step to file an action for birth defects. The majority of lawyers offer free consultations to potential clients. If the attorney is convinced that a client has a valid case, they will look over medical records and appoint experts to evaluate the case. They can also assist in the preparation of documents and filing the medical malpractice lawsuit within time.

Expert Witnesses

In a case involving a birth injury, it is important to have experts who can explain medical procedures and practices to a jury. Expert witnesses can be difficult since they must scrutinize a vast amount of data to be able make decisions based on fact rather than opinion. They also have to be willing to provide evidence on matters which may contradict their beliefs.

In the Daubert Case, the plaintiffs' expert argued that Bendectin was responsible for the birth defect in their child. The judge ruled that the evidence was "at the cutting edge of research in science where fact meets theories, and certainty dissolves into probabilities." However the judge did not believe there was sufficient evidence to prove that Bendectin caused birth defects.

The Daubert decision was an affront to plaintiffs who had filed a lawsuit against pharmaceutical companies an attempt to get justice. However, there are numerous avenues that the injured party could pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer can assist victims in determining whether they are a victim. A lawyer can determine if the plaintiff is eligible to pursue a lawsuit by themselves or as part of an action class. In some cases an attorney may be able to file a lawsuit for birth injury as part of a multidistrict litigation. Fill out the form to receive a private and free consultation with an attorney.

Representation

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

Medical negligence claims tend to be caused by a doctor's inability to diagnose or treat a condition. A doctor might fail to diagnose an ultrasound or make a mistake during surgery, leading to birth defects such as spina bifida. Birth defects can be caused by a wrong 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 may affect any part of the body of a newborn that can affect their appearance, health and functionality. In some cases birth defects can drastically reduce a baby's life expectancy or result in an enormous amount of medical costs.

If you think your child's birth defect or injury was the result of negligence or medical malpractice during pregnancy or labor get in touch with a reputable birth defect attorney today. A lawyer can assist you in understanding your options and assist you make a claim prior the statute of limitations expiring. A lawyer can also negotiate an agreement with the parties responsible for the injury suffered by your infant.