How to File a Birth Defect Lawsuit

Modern medicine and technology have greatly reduced the risk of childbirth. However, birth defects or injury still occurs frequently.

A birth defect lawsuit seeks to compensate your child for medical expenses, education costs as well as other losses. To be able to pursue a claim, you must prove that medical professionals did not meet the standard of care before or during pregnancy or the birth of your child.

Damages

Pregnancy can be one of the most exciting yet nerve-wracking times in the life of a parent. Parents want their children to be perfect, and doctors do everything to prevent birth defects. However, carelessness and negligence on the part of medical professionals can increase the risk of birth injuries and defects. If this happens an astonished family might want to pursue justice via a birth defect lawsuit.

A successful birth defect suit can result in damages for a variety of different things. This can include pain and suffering for the victim, loss of consortium and medical expenses, in addition to lost earning capacity. The amount of damages a person suffers will depend on the severity of their child's medical condition and the extent to which it has interfered with their daily life.

Birth defects and birth injuries can be caused by a number of causes that include environmental exposures. Research has shown that pesticides, such as fungicides and lead, as well paints, heavy metals and heavy metals, can increase the risk of birth defects. Birth defect lawyers have brought lawsuits against companies that exposed workers to these toxic chemicals, as well against pharmaceutical companies that have produced medications that can cause birth defects in fetuses such as DES.

If you believe that your child's birth defect or injury was caused by medical malpractice, you should consult a skilled birth defect lawyer as quickly as possible. In some states, you only have one year to file a medical malpractice suit, and waiting longer than that can mean losing your chance to obtain the justice you deserve for your child's injury.

Statute of limitations

A statute of limitation is a law that sets the deadline for filing a civil lawsuit. If a person fails to meet a deadline loses the right to claim damages against a defendant. Birth injury claims can be more complex in terms of the statute of limitations than other medical malpractice claims.

A lawsuit is typically brought against the doctor or hospital who caused injury to the patient during labor and delivery. These cases can be referred to as birthing injury suits or wrongful birth lawsuits although Florida's laws permit parents to file a malpractice suit for the death of a baby.

In a lawsuit for medical malpractice, the injured party must prove that the doctor at fault did not follow the standards of care and consideration that another health care provider would have followed in similar circumstances. This includes failing to recognize a serious condition for example, low levels of oxygen during childbirth that can cause cerebral palsy or brain damage.

A qualified attorney should be the first step to filing an action for birth defects. Many attorneys provide free consultations to prospective clients. If the lawyer believes that a client has a valid claim, they will examine medical records and appoint experts to examine the case. They will also help prepare documents and file the medical malpractice suit on time.

Expert Witnesses

In a case involving birth injuries, it is important to have experts who can explain medical procedures and practices to a jury. Expert witnesses can be difficult as they must scrutinize an extensive amount of information to make decisions based on facts, not opinions. They must also be willing to provide evidence on matters that might contradict their beliefs.

In the Daubert Case the plaintiffs' expert claimed that Bendectin caused the birth defect of their child. The judge concluded that the evidence was "at the cutting-edge of research in science where fact meets theories and certainty transforms into probabilities." However the judge did not believe there was enough evidence that Bendectin caused birth defects.

The Daubert decision was a setback to plaintiffs who had filed a lawsuit against pharmaceutical companies seeking justice. Nonetheless, there are still many avenues for an injured party may pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer can assist victims about whether they are eligible for a claim. Lawyers can determine if the plaintiff is eligible to file a lawsuit individually or as part of an action class. In certain situations lawyers may be able to bring a birth injury lawsuit as part of multidistrict lawsuit (MDL). To start you must fill out the form here for an initial consultation for free and confidential with a licensed lawyer.

Representation

Modern technology and recent advances in medical technology may have decreased the chance of complications occurring during pregnancy and childbirth but they're not completely eliminated. If a birth defect or injury occurs, and the cause could have been avoided, parents may seek legal action to pay for the costs related to treatment.

Medical negligence claims usually stem from a doctor's failure to properly diagnose or treat a condition. A doctor may fail to conduct an ultrasound or make a mistake in surgery, resulting in birth defects such as spina bifida. Other causes that can lead to a birth defect lawsuit include improper medication for the mother or exposure to chemicals or other environmental hazards as the baby develops in the womb.

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

Contact a birth defect lawyer immediately if you believe your child's birth defect or injury was caused by medical negligence or negligence during labor or pregnancy. A lawyer can help explain your options and help submit a claim prior to the deadline for filing. A lawyer may also be in a position to negotiate the settlement on behalf of you with the responsible parties for your child's injuries.