How to File a Birth Defect Lawsuit

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

A birth defect lawsuit seeks to pay your child's medical expenses, education costs and other damages. You must prove that the medical professional involved did not follow the standard of care during or before the pregnancy or birth.

Damages

Pregnancy is among the most exciting and stressful moments in the life of a parent. Parents want their babies to be perfect, and doctors attempt to do everything possible to stop birth defects from happening. Unfortunately, negligence and carelessness on the part of medical practitioners can increase the chance of birth injuries and birth defects. A family who is shocked by this news should think about the possibility of suing over a birth defect.

A successful birth defect lawsuit could result in damages for a variety of different things. This can include the pain and suffering and loss of consortium, medical expenses, and loss of earning capacity. The amount of compensation a victim will receive depends on the severity of the child's illness and how it has affected their quality of living.

Birth injuries and birth defects can be caused by a variety of factors that include environmental exposures. Research has shown that certain chemicals, like fungicides, pesticides lead, paints and heavy metals can 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 suspect that medical malpractice caused the birth injury or birth defect, you must consult a lawyer for birth defects immediately. In certain states, you only have one year to file a lawsuit claiming medical malpractice. If you delay and you don't, your child will never receive the justice they deserve.

Statute of limitations

A statute of limitations is a law that establishes the time limit for a person to file a civil action. If a person fails to meet a deadline loses the right to seek damages from a defendant. Birth injury claims be more complex in terms of the time limit than other medical malpractice claims.

A lawsuit is usually filed against the doctor or hospital that caused injuries to a patient during labor and birth. These types of cases are typically called birthing injury lawsuits or wrongful birth suits, however, Florida's laws permit parents to pursue a medical malpractice suit in the event of a baby's death.

In a case of medical malpractice the injured party must prove that the doctor at fault did not follow the standards of care and consideration any other medical professional would have followed in similar circumstances. This includes failing diagnose a serious illness, such as low oxygen levels in childbirth that can cause cerebral palsy and brain damage.

Contacting a reputable attorney is the first step to filing an action for birth defects. Many attorneys provide free consultations and case review to prospective clients. If an attorney believes that the client's claim is legitimate they will look over the medical records of the client and hire experts to review them. They will also assist with the preparation of documents and file the medical malpractice suit on time.

Expert Witnesses

In a case involving birth injuries, it is crucial to have medical experts who are able to explain to jurors the medical practices and procedures. Expert witnesses can be difficult as they must carefully examine an extensive amount of information to be able to make decisions that are based on evidence rather than opinion. They must also be willing to testify about facts which may contradict their opinion.

In the Daubert case, the plaintiffs' experts suggested that Bendectin contributed to their child's birth defect attorneys defects. The judge ruled that the evidence was at the "cutting edge of research in science, where fact meets theory, and certainty transforms into probability." However, the judge did not believe there was enough evidence to support the claim that Bendectin increased the chance of developing birth defects.

The Daubert ruling was a setback to the plaintiffs, who had suing pharmaceutical companies to try and obtain justice. However, there are many ways that an injured person can pursue a lawsuit for birth defects.

A Philadelphia birth defect lawyer can assist those suffering from birth defects to determine whether they are a victim. A lawyer can decide if an individual plaintiff is eligible to file a lawsuit on their own or as part of an action class. In certain cases lawyers can start a lawsuit for birth injury as part a multidistrict litigation. Complete the form below to receive a confidential and free consultation with an attorney.

Representation

Modern technology and recent advances in medical technology may have reduced the chance of complications occurring during pregnancy and childbirth, however they're not completely eliminated. If a birth defect or injury occurs, and the cause is preventable, parents may seek legal action to pay for the costs related to treatment.

Medical negligence claims are typically based on a doctor's failure diagnose or treat a disease. A doctor may not perform 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 in the womb.

A birth defect can affect any part of a newborn's body and affect their health, functioning and appearance. In some cases birth defects can dramatically reduce a child's life expectancy, birth defects or cause a significant amount of medical expenses.

Contact an attorney for birth defects today if you suspect that the birth defect or birth injury was the result of medical negligence or mistakes during labor or pregnancy. A lawyer can assist you identify your options and submit a claim before the statute of limitations expires. A lawyer may also be competent to negotiate settlements on your behalf with the parties accountable for the injuries your infant sustained.