How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have significantly reduced the risks associated with childbirth. Birth defects or injuries still occur frequently.

A birth defect lawsuit seeks to recover for medical expenses of your child as well as educational costs and other expenses. You must prove that the medical professional in question has violated the standard medical care during or before pregnancy or delivery.

Damages

Pregnancy is one of the most exciting and nerve-wracking moments in the life of a parent. Parents want their babies perfect and doctors do everything they can to prevent birth defects. Medical negligence and carelessness can increase the risk for birth defects and injuries. If this happens, a stunned family should consider seeking justice through a birth defect lawsuit.

A successful birth defect suit can result in damages for many different things. This includes suffering and pain for the victim, loss of consortium and medical expenses, not to mention lost earning capacity. The amount of compensation the victim will be awarded is contingent on the severity of the child’s medical condition, and how much it has affected their standard of life.

Environmental exposures can lead to birth injuries and birth defects. Studies have shown that pesticides, such as fungicides and lead and heavy metals, paints, and heavy metals, could increase the risk of birth defects. Birth defect lawyers have brought suits against companies that exposed workers to these hazardous chemicals, as well as against pharmaceutical companies that have produced drugs that could cause birth defects in fetuses such as DES.

If you suspect that your child’s birth defect or injury was caused by medical malpractice, it is important to seek out a skilled birth defect lawyer as quickly as you can. In some states, you only have one year to file a lawsuit against medical malpractice. If you delay, it could mean that your child will never receive the justice they deserve.

Statute of limitations

A statute of limitation is a law that establishes the deadline for a person to file an action in civil court. If a claimant fails to file by the deadline, they will lose the right to collect damages from the defendant. Birth injury cases can be more complex in terms of the time limit than other medical malpractice claims.

A lawsuit is usually brought against the doctor or hospital who caused injury to the 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 child.

To prove medical malpractice, the victim will need to show that the doctor responsible was not able to meet the standard of care and consideration expected by another health healthcare provider in similar circumstances. This includes failing to recognize an illness of serious severity like low levels of oxygen during childbirth that can cause cerebral palsy or brain damage.

The first step in filing a birth defect lawsuit is to contact an experienced attorney. Many attorneys provide free consultations for potential clients. If the attorney is convinced that a client has a valid case, they will look over medical records and appoint experts to examine their credibility. They can also assist in the preparation of documents and file the medical malpractice lawsuit on time.

Expert Witnesses

In cases with birth injuries, it is vital to have medical experts that can explain to jurors the medical practices and procedures. However, expert witnesses aren’t easy to work with because they must be able to scrutinize massive quantities of information and make decisions based upon facts rather than their opinions. Additionally, they must be willing to testify on facts that might conflict with their positions.

In the Daubert case the plaintiffs’ experts suggested that Bendectin was the cause of birth defects in their child. The judge ruled that the evidence was “at the cutting-edge of scientific research where fact meets theories and certainty dissolves into probabilities.” However, he did not believe there was enough evidence that Bendectin caused birth defects.

The Daubert ruling was a setback for the plaintiffs, who had sued pharmaceutical companies in order to achieve justice. There are numerous avenues that an injured person could 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. Lawyers can assist victims determine if they’re qualified to file a personal lawsuit or a class action. In some cases lawyers can file a lawsuit for birth injuries as part a multidistrict lawsuit. Please fill out the form below to get a confidential and birth defect lawyer free consultation with an attorney.

Representation

Although the advancements in technology and developments in the field of medicine have drastically reduced the chance of complications during childbirth and pregnancy However, they aren’t eliminated. If a birth defect, or injury occurs, and the cause was preventable parents can pursue legal action to cover costs associated with treatment.

Medical negligence claims tend to be result from a doctor’s inability identify or treat an illness. Physicians may fail to diagnose an ultrasound or make a mistake in surgery, leading to birth defects, such as spina bifida. Birth defects can be caused by improper medication taken by the mother, or birth defect lawyer exposure to chemicals and other environmental hazards during the baby’s development in the womb.

A birth defect can affect any part of the body of a baby and affect their health, performance and appearance. In certain cases birth defects may reduce the life expectancy of a newborn or lead to significant medical expenses.

Contact an attorney for birth defects immediately if you believe the birth defect or birth injury was the result of medical negligence or mistakes during labor or pregnancy. A lawyer can help identify your options and file a claim before the statute of limitations expires. A lawyer can also negotiate a settlement with the parties accountable for the injury of your infant.