How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have significantly reduced the risks associated with the birth of a child. Birth defects or injuries still occur frequently.

A birth defect lawsuit seeks compensation for medical expenses of your child education costs, as well as other expenses. You must prove that the medical professional who was involved violated the standard care prior to or during pregnancy or delivery.

Damages

Pregnancy is among the most exciting and stressful moments in the life of a parent. Parents want their children to be perfect, and doctors try to do everything they can to stop birth defects from happening. Unfortunately, carelessness and negligence on the part of medical practitioners can increase the risk of birth injuries and defects. Families who are shocked by this news should think about suing for a birth defect.

A successful birth defect lawsuit can result in damages for a multitude of different things. This includes suffering and pain for the victim as well as loss of consortium and medical expenses, not to mention lost earning capacity. The amount of compensation the victim will be awarded is contingent on the severity of the child's illness and how much it has affected their standard of life.

Environmental exposures can result in birth injuries and birth defects. Studies have revealed that certain chemicals, like fungicides, pesticides lead, paints and heavy metals may increase the chance of birth defects. Birth defect lawyers have brought suits against businesses that have exposed workers to harmful chemicals, birth defect lawsuit and against pharmaceutical companies that have produced products that 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, it is important to seek out a skilled birth defect lawyer as soon as possible. In some states, you only have one year to file a suit for medical malpractice. If you wait this could mean that your child won't get the justice they deserve.

Statute of Limitations

A statute of limitations is a law that determines the time limit for a person to file a civil action. If a person fails to meet the deadline, they lose their right to recover 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 doctor or hospital that caused an injury to patients during labor or delivery. These cases are commonly called birthing injuries lawsuits or wrongful birth suits, however, Florida's laws permit parents to bring a medical malpractice lawsuit for the death of an infant.

To prove medical negligence, the person who was injured must prove that the doctor responsible did not adhere to the level of care and consideration expected by another health medical professional in similar circumstances. This includes failing to recognize serious conditions like low levels of oxygen in the childbirth process which could lead to cerebral palsy and brain damage.

The first step in filing a birth defect lawsuit is to speak with a skilled attorney. Many attorneys provide free consultations to prospective clients. If the attorney is convinced that a client has a valid claim they will examine medical records and hire experts to review the evidence. They will also assist in preparing documents and filing the medical malpractice suit within time.

Expert Witnesses

In a case involving a birth injury it is essential to have experts who can explain medical practices and procedures to jurors. Expert witnesses can be difficult because they have to scrutinize a vast amount of data to make decisions in accordance with facts rather than opinion. Furthermore, they should be willing to testify on facts that might conflict with their beliefs.

In the Daubert case the plaintiffs' experts argued that Bendectin had caused their child's birth defects. The judge ruled that the evidence was "at the cutting edge of scientific research, where evidence meets theories and certainty transforms into probabilities." However the judge did not believe there was enough proof that Bendectin caused birth defects.

The Daubert decision was a blow to plaintiffs who had filed lawsuits against pharmaceutical companies in an attempt to get justice. Nonetheless, there are still many ways that an injured person could pursue a lawsuit for birth defects.

A Philadelphia birth defect attorney will assist the victims to determine whether they have a case. A lawyer can decide if the plaintiff is eligible to file a lawsuit individually or as part of an action class. In certain cases, birth defect lawsuit an attorney can make a claim for birth injuries as part of an interdistrict litigation. Fill out the form to receive a private and free consultation with an attorney.

Representation

Although modern technology and recent developments in the field of medicine have drastically reduced the chance of complications during pregnancy and childbirth However, they aren't eliminated. Parents can pursue legal action if a birth defect or birth injury occurs, and the reason could have been avoided.

Medical negligence claims usually result from a doctor's inability to recognize or treat a condition. For instance, a doctor could neglect to perform an ultrasound screening or make an error during surgery, which could result in a birth defect, such as spina bifida. Other causes that can lead to a birth defect lawsuit are insufficient medication for the mother or exposure to chemicals or other environmental hazards as the baby is growing in the womb.

A birth defect can affect any part of a newborn's body, and affect their health, functioning and appearance. In certain instances the birth defect could drastically reduce a baby's life expectancy 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 carelessness during labor or birth. A lawyer can provide you with your options and assist you to make a claim prior the statute of limitations expiring. A lawyer can also negotiate a settlement with the parties responsible for the harm to your child.