How to File a Birth Defect Lawsuit

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

A birth defect lawsuit seeks to pay your child's medical expenses, education costs as well as other losses. To pursue a claim, you must establish that a medical professional breached the standard of care prior to or during pregnancy, or delivery.

Damages

Pregnancy can be one of the most exciting yet nerve-wracking experiences during the lifetime of a parent. Parents want their babies to be perfect, and doctors do everything to avoid birth defects. Unfortunately, carelessness and negligence on the part of medical professionals can increase the chance of birth defects and injuries. A family that is stricken by this situation should consider seeking legal action for a birth defect.

A successful birth defect lawsuit could result in damages for a range of different things. This includes the victim's pain and suffering as well as loss of consortium, medical expenses and lost earning capacity. The amount of the damages a victim is awarded will depend on the degree of their child's health and the extent to which it has affected with their life quality.

Birth defects and birth injuries can be caused by a variety of factors, including exposure to environmental factors. Studies have proven that certain chemicals, such as pesticides, fungicides and lead, as well heavy metals and paints can increase the likelihood of birth defect attorneys defects. Birth defect lawyers have brought lawsuits against companies that exposed workers to toxic chemicals, as well against pharmaceutical companies that have produced medications that can cause birth defects in fetuses like DES.

If you suspect medical malpractice caused your child's birth injury or birth defect, you should seek out a birth defect lawyer immediately. In certain states, you only have one year to file a lawsuit claiming medical malpractice. If you wait, it could mean that your child will not receive the justice they deserve.

Statute of Limitations

A statute of limitations is a law that defines the time frame for which a person has to file a civil suit. Anyone who fails to meet a deadline loses the right to pursue a defendant for damages. Birth injury cases may have more complex statutes of limitations than other kinds of medical malpractice claims.

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

To prove medical negligence, the person who was injured will need to show that the doctor who was at fault did not follow the standard of care or consideration required by a different health healthcare provider in similar situations. This could include failing to recognize serious conditions like low oxygen levels in childbirth which could lead to cerebral palsy and brain damage.

Contacting a qualified attorney is the first step to filing a lawsuit for birth defects. Most attorneys offer free consultations and case review to prospective clients. If an attorney believes that a client's claim is valid they will look over the medical records of the client and hire experts to review the records. They will also assist in preparing documents and file the medical malpractice lawsuit on time.

Expert Witnesses

In a case involving a birth injury it is essential to have experts who can explain medical practices and procedures before a jury. Expert witnesses can be difficult to work with since they must scrutinize huge quantities of information and be able to make decisions based upon facts rather than their opinions. They should also be prepared to testify on evidence which may contradict their opinions.

In the Daubert case the plaintiffs' experts claimed that Bendectin had caused birth defects in their child. 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 not believe there was enough evidence to prove that Bendectin doubled the chances of developing birth defects.

The Daubert decision was a blow to plaintiffs that had filed a lawsuit against pharmaceutical companies an attempt to get justice. But there are numerous avenues that the injured party could pursue a lawsuit for birth defects.

A Philadelphia birth defect lawyer can help victims on whether they have claims. A lawyer can assist plaintiffs determine if they are eligible to file an individual lawsuit or a class action. In some cases lawyers may be able to start a lawsuit for birth injuries as part of multidistrict litigation (MDL). To get started complete the form on this page for a free and confidential consultation with a reputable attorney.

Representation

Modern technology and recent advancements in the medical field may have reduced the risk of complications that can occur during pregnancy and childbirth, however they're not entirely eliminated. Parents can pursue legal action if they suffer a birth injury or defect occurs, and the reason could have been avoided.

Medical negligence claims are often result from a doctor's inability identify or treat an illness. For instance, a physician might fail to conduct an ultrasound screening or make mistakes during surgery, resulting in a birth defect similar to spina bifida. Birth defects can also be caused by improper medication that is taken by the mother or exposure to chemicals and other environmental hazards during the baby's development in the womb.

A birth defect lawyers defect can affect any part of the newborn's body and affect their appearance, health and function. In some instances, birth defects can reduce the life expectancy of a newborn or lead to major medical expenses.

Contact an attorney for birth defects today if you believe that the birth defect or birth injury was caused by medical negligence or mistakes during labor or pregnancy. A lawyer can assist you understand your options and file a claim before the statute of limitations expires. A lawyer can also negotiate an agreement with the parties responsible for the injury suffered by your infant.