How to File a Birth Defect Lawsuit

Modern technology and medicine have dramatically reduced the risk of childbirth. Birth defects or injuries still occur frequently.

A birth defect lawsuit seeks reimbursement for your child's medical expenses or educational costs, among other expenses. To pursue an action, you must establish that medical professionals breached the standard of care prior to or during pregnancy, or the birth of your child.

Damages

Pregnancy is one of the most exciting and stressful moments in the life of a mother. Parents want their babies to be perfect, and doctors try to do all they can to stop birth defects from happening. However, carelessness and negligence on the part of medical professionals can increase the chance of birth injuries and defects. If this happens families that are shocked ought to consider pursuing justice through a birth defect lawsuit.

A successful birth defect suit could result in damages for a variety of different things. This includes pain and suffering for the victim as well as loss of consortium and medical expenses, in addition to loss of earning capacity. The amount of compensation a victim will receive depends on the severity of the child's illness, and how much it has affected their quality of life.

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

If you suspect that medical malpractice caused the birth injury of your child or birth defect, it is recommended to consult a lawyer for birth defects immediately. In some states, you are given one year to file a lawsuit claiming medical malpractice. If you wait longer, it could mean that your child won't get the justice they deserve.

Statute of Limitations

A statute of limitation is a law which establishes the time limit for an individual to file an action in civil court. If a person misses the deadline, they will lose their right to seek damages from the defendant. Birth injury cases have more complex statutes of limitations than other types of medical malpractice cases.

A lawsuit is usually brought against the hospital or doctor that caused an injury to an individual during labor and birth. These cases are usually called birthing injuries lawsuits or wrongful birth suits, however Florida's laws permit parents to bring a medical malpractice lawsuit for an infant's death.

In a medical malpractice lawsuit, the injured party must prove that the doctor at fault was not adhering to the standards of care and consideration that another medical professional would have utilized in similar circumstances. This includes failing to recognize an illness of serious severity like low levels of oxygen in the childbirth process that can cause brain damage and cerebral palsy.

The first step in filing a birth defect lawsuit is to contact an experienced attorney. Many attorneys provide free consultations and reviews of cases to prospective clients. If the attorney believes that a client has a valid claim they will look over medical records and engage expert witnesses to assess the case. They can also assist in the preparation of documents and filing the medical malpractice lawsuit within time.

Expert Witnesses

In cases involving birth injuries, it is crucial to have medical experts that can provide a jury with the medical practices and procedures. Expert witnesses can be difficult to work with as they must carefully examine massive amounts of data and be able to make decisions based on facts rather than opinions. They also have to be willing to testify on facts that might contradict their opinions.

In the Daubert case the plaintiffs' experts argued that Bendectin caused their child's birth defects. The judge ruled that the evidence was on the "cutting edge of scientific research, where evidence meets theory, and certainty transforms into probabilities." However the judge did believe there was sufficient proof that Bendectin doubled a baby's chance of developing birth defects.

The Daubert decision was a blow to plaintiffs that had sued pharmaceutical companies in an attempt to get justice. Nonetheless, there are still numerous avenues that an injured party may pursue a lawsuit for birth defects.

A Philadelphia birth defect attorney can assist victims in determining whether they are a victim. A lawyer can determine if the plaintiff is able to file a lawsuit individually or as part of a class action. In certain instances, a lawyer can file a birth defect law firm injury lawsuit in the context of multidistrict litigation (MDL). Fill out the form below to receive a private and free consultation with an attorney.

Representation

While modern technology and recent advancements in the medical field have significantly reduced the risk of complications during childbirth and pregnancy However, they aren't eliminated. When a birth defect or injury occurs, and the cause could have been avoided, parents may pursue legal action to pay for the costs associated with treatment.

Medical negligence claims tend to be caused by a doctor's inability to diagnose or treat an illness. Physicians may fail to conduct an ultrasound or Birth Defect Lawyers make a mistake in surgery, birth defect lawyers resulting in birth defects, such as spina bifida. Other causes that can lead to a birth defect lawsuit comprise improper medication for the mother or exposure to chemicals or other environmental hazards when the baby develops in the womb.

A birth defect can affect any part of a newborn's body. It can affect their health, function and appearance. In certain instances, a birth defect can dramatically reduce a child's lifespan or result in a significant amount of medical costs.

Contact a birth defect lawyer immediately if you believe your child's birth defect or injury was caused by medical negligence or malpractice during pregnancy or labor. A lawyer can help explain your options and assist you to submit a claim prior to the statute of limitations expiring. A lawyer may also be capable of negotiating the settlement on behalf of you with the parties responsible for your infant's injury.