How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have significantly reduced the risk of birth. But, a birth defect or injury can still happen frequently.

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

Damages

Pregnancy is among the most exciting and stressful moments in the life of a mother. Parents want their babies perfect, and doctors do everything possible to avoid birth defects. Unfortunately, negligence and carelessness on the part of medical professionals can increase the risk of birth injuries and defects. A family who is shocked by this incident should think about suing for a birth defect.

A successful birth defect lawsuit may result in damages for a multitude of different things. This can include pain and suffering for the victim as well as loss of consortium and medical expenses, in addition to lost earning capacity. The amount of damages a person suffers will depend on the severity of their child's condition and the extent to which it has impacted with their daily life.

Environmental exposures can cause birth defects and birth injuries. Research has shown that pesticides like fungicides and lead as well as heavy metals, paints, and heavy metals can increase the risk of birth defects. Birth defect lawyers have brought lawsuits against companies that have exposed workers to harmful chemicals, and also against pharmaceutical companies that have made medications that can cause birth defects in fetuses such as DES.

If you suspect that medical malpractice caused your child's birth injury or aberdeen birth defect attorney defect, consult a birth defect lawyer immediately. In some states, you have only one year to file a suit for medical malpractice. If you put off filing a lawsuit for a longer period this could mean that your child will never receive the justice they deserve.

Statute of Limitations

A statute of limitation is a law that establishes the time limit for filing a civil lawsuit. Anyone who fails to meet an expiration date will lose the right to claim damages against a defendant. Birth injury cases can have more complex statutes of limitations than other kinds of medical malpractice claims.

A lawsuit is typically filed against the doctor or hospital that caused a patient's injuries during labor and birth. 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.

To prove medical malpractice, the party who suffered will need to show that the doctor who was at fault didn't adhere to the level of care and consideration required by a different health healthcare provider in similar circumstances. This includes failing to diagnose a serious illness, such as low levels of oxygen during childbirth which can cause cerebral palsy and brain damage.

The first step in filing a birth defect lawsuit is to speak with a skilled attorney. The majority of lawyers offer free consultations to potential clients. If the attorney is convinced that a client has a valid claim, they will review medical records and appoint experts to review the evidence. They will also assist with the preparation of documents and file the medical malpractice lawsuit on time.

Expert Witnesses

In a case with birth injuries, it is vital to be able to have medical experts provide a jury with the medical procedures and practices. However, expert witnesses can be difficult to work with because they must be able to scrutinize massive quantities of information and be able to make decisions based on the facts rather than opinions. They also have to be willing to testify on facts that might contradict their position.

In the Daubert case the plaintiffs' experts claimed that Bendectin contributed to the birth defects of their child. The judge ruled that the evidence was "at the cutting edge of scientific research where fact meets theories, and certainty dissolves into probabilities." However he was not convinced there was enough evidence to conclude that Bendectin caused birth defects.

The Daubert ruling was a setback to the plaintiffs who had sued pharmaceutical companies to get justice. But there are many ways that the injured party could pursue a lawsuit for birth defects.

A Philadelphia birth defect lawyer can assist those suffering from birth defects to determine if they have a case. Lawyers can assist plaintiffs determine whether they are qualified to file a personal lawsuit or a class action. In certain situations lawyers can bring a Harker Heights Birth Defect Law Firm injury lawsuit as part of multidistrict litigation (MDL). To start you must fill out the form below for a an initial consultation for free and confidential with a licensed lawyer.

Representation

Modern technology and recent advances in the field of medicine could have decreased the risk of complications occurring during pregnancy and childbirth, however they're still not completely eliminated. Parents may pursue legal action if a birth injury or defect occurs, and the cause could have been prevented.

Medical negligence claims typically result from a doctor's inability to recognize or treat a problem. A doctor may fail to diagnose an ultrasound or make a mistake in surgery, leading to birth defects like spina bifida. Birth defects can also be caused by improper medication taken by the mother or exposure to chemicals or other environmental dangers during the development of the baby during the womb.

A birth defect can affect any part of the body of a baby and affect their health, functioning and appearance. In certain cases, birth defects can reduce the life span of a child or trigger significant medical expenses.

Contact a birth defect lawyer today if you suspect that the birth defect or injury was caused by medical negligence or mistakes during labor or pregnancy. A lawyer can assist you in understanding your options and help make a claim prior the statute of limitations expiring. A lawyer may also be in a position to negotiate the settlement on behalf of you with the parties responsible for your infant's injury.