How to File a Birth Defect Lawsuit

Modern technology and advancements in medicine have dramatically reduced the risks associated with the birth of a child. Birth defects or injuries still occur often.

A birth defect lawsuit seeks to recover for your child's medical expenses, educational costs, and other losses. You must prove that the medical professional in question violated the standard treatment during or prior to the birth or delivery.

Damages

Pregnancy can be one of the most exciting yet nerve-wracking experiences in a parent's lifetime. Parents want their children to be perfect and doctors do everything they can to prevent birth defects. Unfortunately, carelessness and negligence on the part of medical professionals can increase the risk of birth injuries and birth defects. A family who is shocked by this circumstance should think about suing for a birth defect.

A successful birth defect lawsuit could result in damages for many different things. This can include pain and suffering for the victim as well as loss of consortium, medical expenses, as well as lost earning capacity. The amount of damages a victim will receive depends on the severity of the child's medical condition, and how much it has affected their standard of living.

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

If you suspect that your child's birth defect or birth injury is the result of medical negligence, you must speak with a skilled birth defect lawyer as quickly as possible. In certain states, you only have one year to file a medical negligence lawsuit, and waiting more than that could result in losing your chance of getting the justice you have earned for your child's injury.

Statute of Limitations

A statute of limitations is a law that establishes the time limit for an individual to file a civil lawsuit. If a claimant fails to file by the deadline, they will lose the right to claim damages from a defendant. Birth injury cases have more complex statutes of limitations than other types of medical malpractice cases.

A lawsuit is usually filed against the hospital or doctor who caused injury to the patient during labor and birth. These cases are often referred to as birthing injury lawsuits or wrongful birth suits, though Florida's laws allow parents to pursue a medical malpractice suit for the death of an infant.

To prove medical malpractice, the victim will need to show that the doctor at fault was not able to meet the level of care and consideration expected by another health healthcare provider in similar circumstances. This includes failing to diagnose serious conditions like low oxygen levels during childbirth which could lead to cerebral palsy and brain damage.

Contacting a qualified attorney is the first step to file an action for birth defects. Many attorneys provide free consultations and case review to prospective clients. If the attorney believes that a client has a valid claim they will review medical records and birth defect engage expert witnesses to assess their credibility. They can also assist in the preparation of documents and filing the medical malpractice lawsuit within time.

Expert Witnesses

In the case of a birth injury it is essential to have experts who can explain medical procedures and practices before a jury. Expert witnesses can be difficult because they must scrutinize an extensive amount of information to be able to make decisions based on facts, not opinions. They must also be willing to testify on evidence that could contradict their beliefs.

In the Daubert Case, the plaintiffs' expert suggested that Bendectin is the reason for the birth defect of their child. The judge concluded that the evidence was "at the cutting edge of scientific research where fact meets theories and certainty transforms into probabilities." However the judge was not convinced there was enough evidence that Bendectin caused birth defects.

The Daubert ruling was a setback to the plaintiffs, who had filed a lawsuit against pharmaceutical companies to achieve justice. However, there are various ways in which an injured person could pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer will assist the victims to determine whether they are a victim. Lawyers can assist plaintiffs determine if they are eligible to file a lawsuit on their own or a class action. In some instances, an attorney can make a claim for birth injuries as part a multidistrict litigation. To begin by filling out the form below for a an initial consultation for free and confidential with a qualified attorney.

Representation

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

Medical negligence claims often stem from a doctor's failure to recognize or treat a problem. A physician may not perform an ultrasound or make a mistake during surgery, resulting in a birth defect such as spina bifida. Birth defects can be caused by improper medication taken by the mother, or exposure to chemicals and other environmental dangers during the child's development during the womb.

A concord birth defect lawsuit defect may affect any part of the newborn's body and affect their health, appearance and performance. In certain cases birth defects can decrease the life expectancy of a newborn or lead to significant medical expenses.

If you suspect that the birth defect or injury was due to medical malpractice or negligent care during labor or pregnancy seek out a qualified birth defect attorney today. A lawyer can assist you in understanding your options and help you make a claim before the statute of limitation expiring. A lawyer can also negotiate a settlement with the parties accountable for the injuries suffered by your child.