How to File a Birth Defect Lawsuit

Modern medical technology and medicine have drastically decreased the risks of childbirth. But, a birth defect or injury is still a common occurrence.

A birth defect lawsuit seeks to compensate your child for medical expenses, educational costs as well as other losses. You must prove that the medical professional involved breached the standard of treatment during or prior to pregnancy or delivery.

Damages

Pregnancy can be one of the most exciting, yet nerve-wracking times in a parent's lifetime. Parents want their babies to be perfect, and doctors try to do their best to prevent 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 incident should think about the possibility of suing over a birth defect.

A successful birth defect lawsuit may result in damages for a range of different things. These include a victim's pain and suffering as well as loss of consortium, medical expenses and lost earning capacity. The amount of compensation the victim will receive is contingent on the severity of the child's illness and how it has affected their quality of living.

Birth defects and birth injuries can be caused by a number of causes such as environmental exposures. Studies have shown that certain chemicals, like fungicides, pesticides lead, heavy metals and paints can increase the chances of birth defects. Birth defect lawyers have brought suits against businesses that have exposed workers to harmful chemicals, and against pharmaceutical companies that have produced medications that can cause birth defects in fetuses, such as DES.

If you think your child's birth defect or injury was caused by medical negligence, you must speak with a skilled birth defect lawyer as quickly as possible. In certain states, you only have one year to file a medical malpractice lawsuit, and waiting more than that could mean losing your chance to obtain the justice you have earned for your child's injury.

Statute of limitations

A statute of limitation is a law which establishes the deadline for a person to file a civil lawsuit. If someone misses the deadline, they will lose their right to seek damages from the defendant. Birth injury claims can have a more complicated time limit than other medical malpractice claims.

A lawsuit is usually filed against the hospital or doctor who caused injury to the patient during labor and delivery. These cases can be referred to as birthing injury suits or wrongful birth lawsuits, however Florida's laws allow parents to file a malpractice suit for the death of an infant.

In a medical malpractice case the plaintiff must prove that the doctor at fault did not adhere to the standard of care and consideration that any other medical professional would have used in similar circumstances. This includes failing to recognize an illness that is serious for example, low levels of oxygen during childbirth which can cause brain damage and cerebral palsy.

Contacting a reputable attorney is the first step in filing a lawsuit against birth defects. Many attorneys provide free consultations to prospective clients. If the lawyer believes that a client has a valid case, they will review medical records and employ experts to examine their credibility. They will also assist in preparing documents and filing the medical malpractice lawsuit within time.

Expert Witnesses

In a case which involves birth injuries, it is essential to have medical experts who can explain to jurors the medical practices and procedures. Expert witnesses can be difficult as they must carefully examine the vast amount of information to be able to make decisions in accordance with facts rather than opinions. In addition, they must be willing to testify about facts that could contradict their views.

In the Daubert case, the plaintiffs' experts claimed that Bendectin contributed to birth defects in their child. The judge ruled that the evidence was "at the forefront of research in science where fact meets theories, and certainty dissolves into probabilities." However he was not convinced there was enough evidence to conclude that Bendectin caused birth defects.

The Daubert ruling was a setback for the plaintiffs, who had suing pharmaceutical companies to try and get justice. There are a variety of avenues for an injured party to seek a legal action over the birth defect.

A Philadelphia birth defect lawyer can advise victims about whether they have 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 an attorney may be able to make a claim for birth injuries as part of a multidistrict lawsuit. Fill out the form below to get a confidential and free consultation with an attorney.

Representation

Modern technology and recent advances in medical technology may have decreased the chance of complications arising during childbirth and pregnancy, but they are not completely eliminated. If a birth defect law firm defect injury occurs and the cause was preventable, parents can pursue legal action to cover costs related to treatment.

Medical negligence claims are typically based on a doctor's failure identify or treat an illness. Physicians may not perform an ultrasound or make a mistake during surgery, resulting in birth defects such as spina bifida. Other common causes of birth defect lawsuits include inadequate medication for the mother or exposure to chemicals or other environmental hazards when the baby is growing in the womb.

A birth defect may affect any part of the body of a newborn and affect their appearance, health, and performance. In certain cases birth defects may reduce a baby's lifespan or cause significant medical costs.

Contact a birth defect lawyer immediately 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 help submit a claim prior to the time limit expiring. A lawyer can also negotiate an agreement with the responsible parties for the injuries suffered by your child.