How to File a Birth Defect Lawsuit

Modern technology and medicine have dramatically decreased the risks of childbirth. However, birth defects or injury is still a common occurrence.

A birth defect lawsuit seeks compensation for medical expenses of your child education costs, as well as other losses. You must prove that the medical professional involved breached the standard of care during or before the pregnancy or birth.

Damages

Pregnancy can be one of the most exciting yet nerve-wracking times in the life of a parent. Parents want their babies to be perfect and doctors do everything to prevent birth defects. Medical negligence and carelessness can increase the risk of birth defects and injuries. When this happens families that are shocked ought to consider pursuing justice through a birth defect lawsuit.

A successful birth defect lawsuit may 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 costs, as well as loss of earning capacity. The amount of compensation the victim will be awarded is contingent on the severity of the child's condition and how it has affected their quality of life.

Birth injuries and birth defects can be caused by a number of factors that include environmental exposures. Studies have shown that certain chemicals such as pesticides, fungicides, lead, paints and heavy metals may increase the risk of birth defects. Birth defect lawyers have filed lawsuits against companies that have exposed workers to these harmful chemicals, and also against pharmaceutical companies that have produced drugs that could cause birth defects in fetuses, Birth Defect Lawsuit such as DES.

If you suspect that medical malpractice caused the birth injury or birth defect, you must consult a lawyer for birth defects immediately. In certain states, you have only one year to file a lawsuit against medical malpractice. If you wait, it could mean that your child will never get the justice they deserve.

Statute of Limitations

A statute of limitation is a law that sets the deadline for someone to file a civil lawsuit. If a person fails to meet a deadline will lose the right to pursue a defendant for damages. 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 hospital or doctor that caused an injury to a patient during labor and birth. These cases are commonly referred to as birthing injury lawsuits or wrongful birth suits however, Florida's laws permit parents to file a medical malpractice suit for an infant's death.

In a lawsuit for medical malpractice, the injured party must prove that the doctor at fault did not adhere to the standard of care and consideration that any other medical professional would have followed in similar circumstances. This includes failing to diagnose serious conditions like low oxygen levels during childbirth that can cause cerebral palsy and brain damage.

The first step to file a birth defect lawsuit is to contact a skilled attorney. Many attorneys provide free consultations to potential clients. If the attorney believes that a client has a valid case, they will review medical records and engage expert witnesses to assess them. They will also assist with the preparation of documents and file the medical malpractice lawsuit within the timeframe.

Expert Witnesses

In a birth injury case it is essential to have experts who can explain medical procedures and practices to jurors. Expert witnesses can be difficult because they must scrutinize an extensive amount of information in order to make a decision in accordance with facts rather than opinion. Furthermore, birth defect lawsuit they should be willing to testify on information that might contradict their views.

In the Daubert Case, the plaintiffs' expert suggested that Bendectin is the reason for their child's birth defect. The judge concluded that the evidence was on the "cutting edge of scientific research, where evidence meets theory and certainty dissolves into probability." However, the judge did not believe there was enough proof that Bendectin doubled a baby's chance of developing birth defects.

The Daubert decision was a setback to plaintiffs who had filed lawsuits against pharmaceutical companies in an attempt to get justice. However, there are numerous avenues that an injured party may pursue a birth defect lawsuit.

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 suit on their own or as part of an action class. In certain cases lawyers may be able to file a birth injury lawsuit in the context of multidistrict litigation (MDL). To begin you must fill out the form here for a free and confidential consultation with a licensed lawyer.

Representation

While modern technology and recent advancements in the medical field have drastically reduced the chance of complications during pregnancy and childbirth However, they aren't eliminated. Parents can seek legal action if a birth injury or defect occurs, and the reason could have been prevented.

Medical negligence claims are often caused by a doctor's inability to diagnose or treat an illness. A doctor might fail to conduct an ultrasound or make a mistake during surgery, leading to birth defects like spina bifida. Other common causes of a birth defect lawsuit 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 could affect any part of the body of a newborn and affect their appearance, health, and function. In some cases the birth defect could severely reduce a baby's life expectancy or lead to significant medical costs.

Contact a birth defect lawyer now if you believe your child's birth defect or injury was caused by medical negligence or malpractice during pregnancy or labor. A lawyer can assist you in understanding your options and help you file a claim prior to the statute of limitations expiring. A lawyer can also negotiate a settlement with the parties responsible for the injuries suffered by your child.