How to File a Birth Defect Lawsuit

Modern medical and technological advances have significantly decreased the risks of childbirth. But, a birth defect or injury still happens frequently.

A birth defect lawsuit seeks reimbursement for your child's medical expenses or educational costs, among other expenses. You must prove that the medical professional involved has violated the standard medical care prior to or during the birth or delivery.

Damages

Pregnancy can be one of the most exciting, but nerve-wracking moments in a parent's lifetime. Parents want their babies to be perfect, and doctors work to do everything possible to prevent birth defects from occurring. However, carelessness and negligence on the part of medical professionals can increase the risk of birth injuries and birth defects. When this occurs families that are shocked should consider seeking justice through a birth defect lawsuit.

A successful birth defect lawsuit could result in damages for a number of different things. This can include pain and suffering for the victim, loss of consortium and medical expenses, as well as lost earning capacity. The amount of damages a victim receives will depend on the severity of their child's illness and the extent to which it has interfered with their quality of life.

Birth injuries and birth defects can be caused by a variety of causes, including environmental exposures. Research has shown 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 harmful chemicals, and also against pharmaceutical companies that have developed drugs that could cause birth defects in fetuses, like DES.

If you think your child's birth defect or birth injury was caused by medical negligence, you must seek out a skilled birth defect lawyer as soon as possible. In some states, birth defect you only have one year to file a lawsuit for medical malpractice. If you delay this could mean that your child will not receive the justice they deserve.

Statute of Limitations

A statute of limitations is a law that determines the time limit for a person to file a civil action. Anyone who fails to meet a deadline will lose the right to sue a defendant for damages. Birth injury claims have a more complicated statute of limitations than other medical malpractice claims.

A lawsuit is typically filed against the hospital or doctor who caused injury to a patient during labor and delivery. These cases can be called birthing injury lawsuits or wrongful birth lawsuits however Florida's laws allow parents to file a malpractice lawsuit in the event of the death of a child.

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

The first step in filing a birth defect lawsuit is to speak with a skilled attorney. A majority of attorneys offer free consultations to prospective clients. If the lawyer believes that a client has a valid case, they will look over medical records and engage experts to review the case. They will also assist in preparing documents and file the medical malpractice suit within time.

Expert Witnesses

In a case involving birth injuries it is essential to have experts who can explain medical practices and procedures before a jury. Expert witnesses aren't easy to work with because they must be able to scrutinize massive quantities of information and make decisions based on evidence rather than their opinions. Furthermore, they should be willing to testify about facts that could contradict their opinions.

In the Daubert case, the plaintiffs' experts claimed that Bendectin caused their child's birth defects. The judge concluded that the evidence was on the "cutting edge of scientific research, where fact meets theory and certainty dissolves into probabilities." However the judge did not believe that there was sufficient evidence to prove that Bendectin doubled a baby's chance of developing birth defects.

The Daubert ruling was a setback to the plaintiffs who had sued pharmaceutical companies to obtain justice. But there are many avenues for an injured person could pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer can advise victims about whether they are eligible for a right to sue. A lawyer can determine whether the plaintiff is eligible to file a lawsuit on their own or as part of a class action. In some cases lawyers can start a lawsuit for birth injuries as part a multidistrict litigation. To begin, fill out the form below for a the opportunity to have a no-cost and confidential consultation with a qualified attorney.

Representation

While modern technology and recent advances in the field of medicine have significantly 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 is preventable, parents may pursue legal action to cover the costs related to treatment.

Medical negligence claims usually stem from a doctor's failure to recognize or treat a problem. For example, a physician may not perform an ultrasound examination or make a mistake during surgery, resulting in a birth defect similar to 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 impact their health, function and appearance. In some instances, a birth defect can dramatically reduce a child's life expectancy or result in significant medical costs.

If you suspect the birth defect or injury was caused by medical malpractice or negligent care during labor Birth Defect or birth, contact a qualified birth defect attorney today. A lawyer can assist you in understanding your options and assist you to make a claim before the time limit expiring. A lawyer can also negotiate an agreement with the parties responsible for the injury suffered by your child.