How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have greatly reduced the risk of childbirth. Birth defects or injuries continue to occur frequently.

A birth defect lawsuit seeks reimbursement for your child's medical expenses or educational costs, among other expenses. To be able to file a claim, you must prove that a medical professional violated the standard of care prior to or during pregnancy, or delivery.

Damages

Pregnancy can be one of the most exciting yet nerve-wracking events in the life of a parent. Parents want their babies perfect and doctors do everything they can to avoid birth defects. Unfortunately, negligence and carelessness on the part of medical practitioners can increase the chance of birth injuries and birth defects. When this happens families that are shocked may want to seek justice through a birth defect lawsuit.

A successful birth defect lawsuit may result in damages for a number of different things. This includes suffering for the victim, loss of consortium and medical expenses, in addition to loss of earning capacity. The amount of damages that an individual victim will be awarded depends on the severity of the child's condition, and how much it has affected their standard of life.

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

If you think your child's birth defect or injury was the result of medical malpractice, it is important to seek out a skilled birth defect lawyer as soon as possible. In certain states, there is only one year to file a medical malpractice lawsuit, and waiting more than that could result in losing the chance to receive the justice you have earned for your child's injury.

Statute of Limitations

A statute of limitations is a law which defines the time frame for which a person has to file a civil suit. If a person fails to meet a deadline loses the right to seek damages from a defendant. Birth injury claims can be more complex in terms of the statute of limitations than other medical malpractice claims.

A lawsuit is typically filed against the doctor or hospital who caused injury to a patient during labor and delivery. These cases are sometimes referred to as birthing injury lawsuits or wrongful birth lawsuits, however Florida's laws permit parents to file a malpractice lawsuit for the death of an infant.

In a medical malpractice case, the injured party must prove that the doctor at fault was not adhering to the expected level of care and consideration that another medical professional would have used in similar circumstances. This includes failing to diagnose a serious condition such as low levels of oxygen during childbirth which can lead to cerebral palsy and brain damage.

Finding a reputable attorney is the first step to filing an action for Patterson birth defect lawyer defects. Most attorneys offer free consultations and case review to potential clients. If an attorney believes the claim of a client is legitimate they will look over the medical documents of the client, and they will hire experts to evaluate them. They can also assist in the preparation of documents and filing the medical malpractice lawsuit on time.

Expert Witnesses

In a huntley birth defect attorney injury case it is essential to have experts who can explain medical procedures and practices before a jury. Expert witnesses can be difficult to work with because they must scrutinize huge amounts of information and be able to make decisions based on evidence rather than opinions. They should also be prepared to testify about facts that might contradict their opinions.

In the Daubert case, the plaintiffs' experts argued that Bendectin contributed to their child's birth defects. The judge concluded that the evidence was at the "cutting edge of scientific research, where evidence is matched by theory, and certainty turns into probability." However the judge did believe there was sufficient evidence to support the claim that Bendectin increased the chance of developing birth defects.

The Daubert decision was a blow to plaintiffs that had filed suit against pharmaceutical companies in an attempt to get justice. There are numerous avenues for a person who has suffered injury to seek a legal action over the birth defect.

A Philadelphia birth defect lawyer will assist the victims to determine whether they're eligible for a claim. A lawyer can determine whether the plaintiff is able to pursue a lawsuit by themselves or as part of a class action. In certain cases, a lawyer can bring a birth injury lawsuit as part of multidistrict lawsuit (MDL). Fill out the form below for a confidential and free consultation with an attorney.

Representation

Modern technology and recent advances in medical technology may have decreased the risk of complications that can occur during pregnancy and childbirth but they are not completely eliminated. If a birth defect, or injury occurs and the cause was preventable parents may pursue legal action to pay for the costs related to treatment.

Medical negligence claims are typically based on a doctor's failure identify or treat an illness. A doctor may fail to conduct an ultrasound or make a mistake in surgery, resulting in birth defects such as spina bifida. Other common causes of birth defect lawsuits include an ineffective 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 newborn's body that can affect their appearance, health, and function. In some cases birth defects can shorten a baby's lifespan or cause substantial medical expenses.

Contact an attorney for birth defects today if you believe that your child's birth injury or defect was caused by medical negligence or negligence during labor or pregnancy. A lawyer can explain your options and assist you to make a claim prior the statute of limitation expiring. A lawyer can also negotiate a settlement with the parties responsible for the injuries suffered by your infant.