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 is still a common occurrence.

A birth defect lawsuit seeks to pay your child's medical expenses, education costs, and other losses. You must prove that the medical professional you are suing did not follow the standard of treatment during or prior to the birth or during pregnancy.

Damages

Pregnancy is among the most exciting and stressful times in a parent's life. Parents want their children to be perfect, and doctors strive to do their best to prevent birth defects from occurring. Medical negligence and carelessness can increase the risk of birth defects and injuries. Families who are shocked by this news should think about taking legal action to remedy a birth defect.

A successful birth defect lawsuit could result in damages for a multitude of different things. This can include pain and suffering for the victim, loss of consortium and medical expenses, as well as loss of earning capacity. The amount of damages a person suffers will depend on the severity of their child's medical condition and the extent that it has affected with their life quality.

Environmental exposures can cause birth injuries and birth defects. Studies have revealed that certain chemicals like pesticides, fungicides and lead, as well as paints and heavy metals may increase the chances of birth defects. Birth defect lawyers have filed lawsuits against companies who exposed workers to harmful chemicals and pharmaceutical companies that make drugs like DES that can cause birth defects in fetuses.

If you suspect that your child's birth defect or birth injury was caused by medical negligence, you must consult a skilled birth defect lawyer as quickly as possible. In certain states, there's only one year to file a medical negligence suit, and waiting longer than that could mean losing your chance to obtain the justice you are due for the injury your child sustained.

Statute of Limitations

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

A lawsuit is typically filed against the doctor or the hospital who caused the patient's injuries during labor and delivery. These cases are sometimes known as birthing injuries lawsuits or wrongful birth lawsuits, although Florida's laws permit parents to file a malpractice lawsuit for the death of an infant.

To prove medical negligence, the person who was injured must prove that the doctor who was at fault was not able to meet the standard of care or consideration expected by another health care provider in similar circumstances. This could include failing to recognize an illness that is serious, for example, low levels of oxygen in the childbirth process that can cause cerebral palsy and brain damage.

Contacting a qualified attorney is the first step to filing a lawsuit against birth defects. A majority of attorneys offer free consultations and case review to prospective clients. If the lawyer believes that a client has a valid case, they will examine medical records and appoint experts to review their credibility. They can also assist in the preparation of documents and file the medical malpractice suit on time.

Expert Witnesses

In the case of a birth injury it is crucial to have experts who can explain medical practices and procedures to a jury. However, expert witnesses aren't easy to work with as they have to carefully review huge quantities of information and make decisions based on facts rather than their opinions. Additionally, they must be willing to testify on facts that could contradict their opinions.

In the Daubert Case, the plaintiffs' expert believed that Bendectin was responsible for the birth defect of their child. The judge concluded that the evidence was "at the cutting edge of scientific research, where science meets theories and certainty dissolves into probabilities." However he was not convinced there was enough evidence that Bendectin caused birth defects.

The Daubert ruling was a setback for plaintiffs, who had suing pharmaceutical companies to try and win justice. There are a variety of avenues an injured person can bring a lawsuit based on the birth defect.

A Philadelphia birth defect lawyer can help victims determine whether they have a case. A lawyer can determine if the plaintiff is eligible to file a lawsuit individually or as part of an action class. In some instances, an attorney can start a lawsuit for birth injury as part of a multidistrict lawsuit. To begin you must fill out the form below for a an initial consultation for free and confidential with a licensed lawyer.

Representation

Although the latest technology and advances in the field of medicine have drastically reduced the chance of complications during childbirth and pregnancy but they aren't completely eliminated. If a birth defect injury occurs and the cause is preventable, parents can pursue legal action to cover the costs related to treatment.

Medical negligence claims are often based on a doctor's failure diagnose or treat a disease. A physician may fail to diagnose an ultrasound or make a mistake in surgery, leading to a birth defect such as spina bifida. Other causes for birth defect lawsuits include improper medication for the mother or exposure to chemicals or other environmental hazards while the baby is developing in the womb.

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

If you suspect the birth defect or injury was due to negligence or medical malpractice during labor or pregnancy seek out a qualified birth defect lawyer today. A lawyer can provide you with your options and help you make a claim prior the deadline for filing. A lawyer can also negotiate an agreement with the responsible parties for the injury suffered by your infant.