How to File a Birth Defect Lawsuit

Modern technology and medicine have dramatically decreased the risks of childbirth. However, birth defects or injury can still happen frequently.

A birth defect lawsuit seeks to recover for medical expenses of your child, educational costs, and other expenses. You must prove that the medical professional involved violated the standard treatment prior to or during the birth or delivery.

Damages

Pregnancy can be one of the most exciting, but nerve-wracking moments in the life of a parent. Parents want their babies to be perfect, and doctors strive to do their best to prevent birth defects from happening. Inattention to medical issues and negligence can increase the risk for birth defects and injuries. If this happens the family of the victim should consider seeking justice through a birth defect lawsuit.

A successful birth defect suit can result in damages for a variety of different things. This includes 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 affected in their quality of life.

Environmental exposures can result in birth injuries and birth defects. Studies have proven that certain chemicals like fungicides, pesticides and lead, as well paints and heavy metals can increase the likelihood of birth defects. Birth defect lawyers have brought suits against companies that exposed workers to hazardous chemicals, as well as against pharmaceutical companies who have manufactured medications that can cause birth defects in fetuses, such as DES.

If you believe that your child's birth defect, or birth injury was caused by medical malpractice, you should seek out a skilled birth defect lawyer as soon as you can. In certain states, there is only one year to file a medical negligence lawsuit, and waiting more than that could result in losing your chance to get the justice you need for your child's injuries.

Statute of limitations

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

A lawsuit is usually filed against the medical professional or hospital that caused a patient's injuries during labor and birth. These cases are sometimes referred to as birthing injury lawsuits or wrongful birth lawsuits, although Florida's laws permit parents to file a malpractice lawsuit for the death of an infant.

In order to prove medical malpractice, the injured party must prove that the doctor responsible did not adhere to the standards of care and consideration required by a different health medical professional in similar circumstances. This includes failing to diagnose an illness that is serious, for example, low levels of oxygen during childbirth which could lead to cerebral palsy and brain damage.

The first step to file a birth defect lawsuit is to speak with a skilled attorney. The majority of lawyers offer free consultations and case review to potential clients. If the attorney is convinced that a client has a valid case, they will look into medical records and engage experts to evaluate the evidence. They will also assist in preparing documents and filing the medical malpractice lawsuit in time.

Expert Witnesses

In a case which involves birth injuries, it is crucial to have medical experts who are able to explain to a jury the medical procedures and practices. Expert witnesses aren't easy to work with as they must be able to scrutinize massive amounts of data and be able to make decisions based upon facts rather than their opinions. Furthermore, they should be prepared to testify about information that might contradict their positions.

In the Daubert Case the plaintiffs' expert claimed that Bendectin was the cause of the birth defect in their child. The judge concluded that the evidence was "at the cutting-edge of scientific research, where science meets theories and the certainty is transformed into probabilities." However the judge was not convinced there was enough evidence to conclude that Bendectin caused birth defects.

The Daubert decision was a setback to plaintiffs who had filed suit against pharmaceutical companies in the hope of obtaining justice. There are many avenues for a person who has suffered injury to file a lawsuit for a birth defect.

A Philadelphia birth defect lawyer can help victims about whether they are eligible for a claim. Lawyers can assist plaintiffs determine if they are eligible to file an individual lawsuit or a class action. In some cases attorneys can bring a lawsuit on behalf of a birth injury as part a multidistrict litigation. To get started by filling out the form on this page to request a an initial consultation for free and confidential with a professional lawyer.

Representation

Modern technology and recent advancements in the medical field may have decreased the risk of complications that can occur during pregnancy and childbirth, but they're still not completely eliminated. When a birth defect or injury occurs, and the cause is preventable, parents can pursue legal action to recover the costs related to treatment.

Medical negligence claims usually stem from a doctor's failure to properly diagnose or treat a problem. A doctor might fail to diagnose an ultrasound or make a mistake during surgery, resulting in a birth defect 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 that can affect the development of the baby during the womb.

A birth defect can affect any part of a newborn's body and impact their health, function and appearance. In certain cases, birth defects can reduce the lifespan of a baby or result in substantial medical expenses.

If you think the birth defect or injury was caused by negligence or medical malpractice during labor or pregnancy seek out a qualified birth defect law firm defect attorney today. A lawyer can assist you in understanding your options and assist you to file a claim prior to the deadline for filing. A lawyer can also negotiate an agreement with the parties responsible for the harm to your infant.