How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have significantly reduced the risks associated with childbirth. Birth defects or injuries occur frequently.

A birth defect lawsuit seeks compensation for your child's medical expenses, educational costs, and other losses. To pursue a claim, you need to establish that medical professionals violated the standard of care prior to or during pregnancy or delivery.

Damages

Pregnancy can be one of the most exciting but nerve-wracking moments in the life of a parent. Parents want their babies perfect, and doctors do everything to avoid birth defects. Medical negligence and carelessness could increase the risk for birth defects and injuries. If this happens, a stunned family might want to pursue justice via a birth defect lawsuit.

A successful birth defect suit could result in damages for a variety of different things. This can include 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 damages a victim receives will depend on the severity of their child's medical condition and the extent to which it has affected with their quality of life.

Environmental exposures can result in birth injuries and birth defects. Studies have shown that pesticides, such as lead and fungicides and paints, heavy metals and heavy metals, may increase the risk of birth defects. Birth defect lawyers have brought suits against companies that exposed workers to hazardous chemicals, as well as against pharmaceutical companies who have manufactured medications that can cause birth defects in fetuses such as DES.

If you suspect that medical negligence caused the birth injury or birth defect, you should seek out a birth defect lawyer immediately. In some states, you have only one year to file a suit for medical malpractice. If you wait and you don't, your child will not receive the justice they deserve.

Statute of Limitations

A statute of limitations is a law that determines the deadline for when a person is allowed to file a civil action. If a claimant fails to file by the deadline, they lose their right to seek damages from a defendant. Birth injury cases may have more complex statutes of limitations than other kinds of medical malpractice claims.

A lawsuit is typically filed against the hospital or doctor that caused an injury to an individual during labor and delivery. These types of cases are typically called birthing injuries lawsuits or wrongful birth suits, although Florida's laws allow parents to make a claim for medical malpractice to bring a child's death.

In a medical malpractice lawsuit the injured party must prove that the doctor at fault did not follow the standard of care and consideration that another medical professional would have followed in similar circumstances. This includes failing in diagnosing an illness of serious severity like low levels of oxygen during childbirth that can cause cerebral palsy and brain damage.

The first step in filing a birth defect lawsuit is to reach a skilled attorney. A majority of attorneys offer free consultations to prospective clients. If an attorney is convinced that the claim of a client is valid, they will review the medical documents of the client and employ experts to review the evidence. They will also help prepare documents and file the medical malpractice lawsuit in time.

Expert Witnesses

In a case that involves birth injuries, it is vital to have medical experts who can explain to a jury the medical procedures and practices. Expert witnesses can be difficult to work with since they must be able to scrutinize massive amounts of data and make decisions based upon facts rather than opinions. They should also be prepared to testify about facts that might contradict their position.

In the Daubert Case the plaintiffs' expert argued that Bendectin was responsible for the birth defect of their child. The judge concluded that the evidence was at the "cutting edge of research in science, where reality meets theory and the certainty transforms into probability." However the judge did not believe that there was sufficient evidence that Bendectin doubled a baby's chance of developing birth defects.

The Daubert ruling was a setback to the plaintiffs who had sued pharmaceutical companies in order to win justice. There are many avenues for an injured person could pursue a lawsuit for birth defects.

A Philadelphia birth defect lawyer can provide victims with advice about whether they have a right to sue. A lawyer can assist clients determine if they're eligible to file a personal lawsuit or a class action. In some instances an attorney may be able to file a lawsuit for birth injuries as part an interdistrict litigation. To start complete the form on this page to request a an unreserved and confidential consultation with a licensed lawyer.

Representation

Although the advancements in technology and advancements in the medical field have significantly reduced the risk of complications during childbirth and pregnancy However, they aren't eliminated. Parents can take legal action if a birth injury or defect occurs, and the reason could have been prevented.

Medical negligence claims tend to be result from a doctor's inability diagnose or treat an illness. For example, a physician could neglect to perform an ultrasound test or make an error during surgery, Vimeo which could result in a birth defect such as spina bifida. Other common causes of a birth defect lawsuit include an ineffective 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 the body of a newborn and affect their health, appearance and performance. In some cases owensboro birth defect lawsuit defects can decrease the lifespan of a baby or result in major medical expenses.

Contact a birth defect lawyer immediately if you believe the birth defect or injury was the result of medical negligence or carelessness during labor or birth. A lawyer can explain your options and assist you to make a claim before the time limit expiring. A lawyer can also negotiate an agreement with the responsible parties for the injury suffered by your child.