How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have significantly reduced the risks associated with childbirth. But, a birth defect or injury is still a common occurrence.

A birth defect lawsuit seeks reimbursement for medical expenses of your child as well as educational costs and other losses. You must prove that the medical professional in question did not follow the standard of treatment during or prior to the birth or during pregnancy.

Damages

Pregnancy is among the most exciting and stressful times in a parent's life. Parents want their children to be perfect, and doctors do everything possible to prevent scottdale birth defect law firm defects. Unfortunately, negligence and carelessness on the part of medical professionals can increase the risk of birth defects and injuries. When this happens families that are shocked should consider seeking justice through a birth defect lawsuit.

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

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

If you suspect medical malpractice caused the birth injury or District heights birth defect law firm defect, consult a lawyer for birth defects immediately. In some states, you have only one year to file a lawsuit for medical malpractice. If you delay and you don't, your child will never get the justice they deserve.

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 someone misses the deadline, they will lose the right to collect damages from a defendant. Birth injury cases could have more complex statutes of limitations than other types of medical malpractice claims.

A lawsuit is usually filed against the doctor or the hospital that caused injuries to a patient during labor and delivery. These types of cases are typically known as birthing injury lawsuits or wrongful birth suits, although Florida's laws allow parents to bring a medical malpractice lawsuit in the event of a baby's death.

In order to prove medical negligence, the person who was injured will need to show that the doctor at fault did not adhere to the standards of care and consideration expected by another health care provider in similar circumstances. This includes not being able to identify an illness that is serious, such as low oxygen levels during childbirth that result in brain damage and cerebral palsy.

Contacting a reputable attorney is the first step to file an action for birth defects. Many attorneys provide free consultations for potential clients. If the attorney believes that a client has a valid claim, they will review medical records and hire experts to review the evidence. They can also assist in the preparation of documents and filing the medical malpractice suit within time.

Expert Witnesses

In a case involving birth injuries it is crucial to have experts who can explain medical practices and procedures to jurors. Expert witnesses can be difficult because they have to scrutinize a large amount of information in order to make a decision based on fact rather than opinions. They must also be willing to testify on facts that may conflict with their opinion.

In the Daubert Case the plaintiffs' expert believed that Bendectin caused the birth defect of their child. The judge ruled that the evidence was on the "cutting edge of scientific research, where fact meets theory and certainty dissolves into probabilities." However the judge did not believe there was enough proof that Bendectin doubled the chances of developing birth defects.

The Daubert ruling was a setback for the plaintiffs, who had filed a lawsuit against pharmaceutical companies to achieve justice. There are many avenues for an injured party may pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer can assist victims about whether they have claims. Lawyers can determine if an individual plaintiff is eligible to file a suit on their own or as part of an action class. In some instances, an attorney can start a lawsuit for birth injury as part of multidistrict litigation. Fill out the form below for a confidential and free consultation with an attorney.

Representation

Modern technology and recent advancements in medicine may have decreased the risk of complications occurring during pregnancy and childbirth but they are not completely eliminated. If a birth defect or injury occurs, and the cause is preventable, parents can seek legal action to pay for the costs associated with treatment.

Medical negligence claims usually result from a doctor's inability to diagnose or treat a condition. A doctor may fail to perform an ultrasound or make a mistake during surgery, resulting in birth defects 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 in the womb.

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

If you believe your child's birth defect or injury was due to negligence or medical malpractice during pregnancy or labor, contact a qualified birth defect lawyer today. A lawyer can explain your options and help file a claim prior to the deadline for filing. A lawyer may also be able to negotiate a settlement on your behalf with the responsible parties for the injury to your child.