How to File a Birth Defect Lawsuit

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

A birth defect lawsuit seeks to recover for medical expenses of your child, educational costs, and other losses. You must prove that the medical professional who was involved has violated the standard medical care during or before the birth or during pregnancy.

Damages

Pregnancy is one of 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 possible to stop birth defects from happening. However, carelessness and negligence on the part of medical professionals can increase the chance of birth injuries and birth defects. A family who is shocked by this incident should think about seeking legal action for a birth defect.

A successful birth defect lawsuit can result in damages for a number of different things. This includes suffering for the victim as well as loss of consortium, medical expenses, in addition to lost earning capacity. The amount of damages a person suffers will depend on the degree of their child's health and the extent to which it has impacted in their quality of life.

Environmental exposures can cause birth injuries and birth defects. Studies have proven that certain chemicals like pesticides, fungicides and lead, as well as paints, and heavy metals can increase the chances of birth defects. Birth defect lawyers have filed lawsuits against companies that exposed workers to harmful chemicals and pharmaceutical companies that produce drugs like DES that could cause birth defects in fetuses.

If you think your child's birth defect or birth injury was caused by medical negligence, you must seek out a skilled birth defect lawyer as soon as possible. In some states, you only have one year to file a medical negligence suit, and waiting longer than that may mean losing your chance to obtain the justice you deserve for your child's injury.

Statute of limitations

A statute of limitations is a law that determines the time frame for which a person has 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 cases can have a more complicated statute of limitations than other medical malpractice claims.

A lawsuit is usually filed against the doctor or hospital who caused injury to the patient during labor and birth. These types of cases are typically known as birthing injury lawsuits or wrongful lake mills birth defect lawyer suits although Florida's laws allow parents to bring a medical malpractice lawsuit for the death of an infant.

In order to prove medical negligence, the person who was injured will need to show that the doctor responsible didn't adhere to the level of care and consideration expected by another health healthcare provider in similar situations. This includes failing to diagnose a serious condition like low oxygen levels during childbirth that can cause cerebral palsy or brain damage.

Contacting a qualified attorney is the first step in filing a lawsuit against birth defects. The majority of lawyers offer free consultations to prospective clients. If the attorney believes a client has a valid case, they will examine medical records and hire experts to evaluate the case. They will also assist with the preparation of documents and file the medical malpractice lawsuit within the timeframe.

Expert Witnesses

In cases involving birth injuries, it is vital to have medical experts who are able to provide a jury with the medical procedures and practices. Expert witnesses can be difficult because they must carefully examine the vast amount of information in order to make a decision in accordance with facts rather than opinions. In addition, they must be willing to testify on things that may contradict their beliefs.

In the Daubert Case the plaintiffs' expert believed that Bendectin caused their child's birth defect. The judge ruled that the evidence was "at the cutting-edge of scientific research, where science meets theories, and certainty dissolves into probabilities." However the judge was not convinced there was enough proof that Bendectin caused birth defects.

The Daubert decision was a blow to plaintiffs that had sued pharmaceutical companies in seeking justice. But there are many ways that an injured person could pursue a lawsuit for birth defects.

A Philadelphia danielson birth defect lawyer defect attorney can assist victims in determining whether they're eligible for a claim. A lawyer can determine whether a plaintiff is eligible to file a lawsuit on their own or as part of a class action. In some cases lawyers can start a lawsuit for birth injury as part of multidistrict litigation. To start complete the form here for a free and confidential consultation with a reputable attorney.

Representation

Although the latest technology and advances in the field of medicine have greatly reduced the risk of complications during childbirth and pregnancy however, they are not completely eliminated. If a birth defect or injury occurs, and the cause is preventable, parents can pursue legal action to cover costs related to treatment.

Medical negligence claims usually result from a doctor's inability to diagnose or treat a problem. For example, a physician might fail to conduct an ultrasound screening or make an error during surgery, which could result in a birth defect such as spina bifida. Birth defects can be caused by improper medication that is taken by the mother, or exposure to chemicals and other environmental dangers during the development of the baby during the womb.

A erwin birth defect lawsuit defect can affect any part of a newborn's body and affect their health, performance and appearance. In some instances birth defects can decrease a baby's lifespan or cause substantial medical expenses.

If you suspect that your child's birth defect or injury was the result of medical malpractice or negligent care during labor or pregnancy, contact a qualified birth defect lawyer today. A lawyer can provide you with your options and assist you file a claim prior to the statute of limitations expiring. A lawyer can also negotiate a settlement with the responsible parties for the harm to your child.