How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have greatly reduced the risk of the birth of a child. However, birth defects or injury still happens frequently.

A birth defect lawsuit seeks compensation for your child's medical expenses, educational costs, and other expenses. To be able to pursue claims, you must establish that medical professionals did not meet the standard of care prior to or during pregnancy or during the delivery.

Damages

Pregnancy can be one of the most exciting but nerve-wracking moments during the lifetime of a parent. Parents want their babies 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 practitioners can increase the chance of birth injuries and birth defects. If this happens families that are shocked may want to seek justice through a birth defect lawsuit.

A successful birth defect lawsuit can result in damages for many different things. This includes pain and suffering for the victim along with loss of consortium and medical costs, as well as lost earning capacity. The amount of the damages a victim is awarded will depend on the degree of their child's health and the extent to which it has interfered with their life quality.

Birth injuries and birth defects can be caused by a variety of factors that include exposure to environmental factors. Studies have shown that certain chemicals like pesticides, fungicides and lead, as well as heavy metals and paints can increase the chance of birth defects. Birth defect lawyers have filed suits against businesses that have exposed workers to these harmful chemicals, and also against pharmaceutical companies that have developed drugs that could cause birth defects in fetuses such as DES.

If you suspect medical malpractice caused the birth injury of your child or birth defect, consult a lawyer for birth defects immediately. In certain states, you have only one year to file a lawsuit for medical malpractice. If you wait and you don't, your child won't get the justice they deserve.

Statute of limitations

A statute of limitations is a law that establishes the deadline for filing an action in civil court. Anyone who fails to meet an expiration date will lose the right to claim damages against a defendant. Birth injury claims can have a more complicated time limit than other medical malpractice claims.

A lawsuit is typically filed against the doctor or hospital who caused injury to an individual during labor and birth. These cases are commonly known as birthing injury lawsuits or wrongful birth suits however, Florida's laws permit parents to file a medical malpractice suit in the event of a baby's death.

To prove medical malpractice, the victim must prove that the doctor who was at fault did not adhere to the level of care and consideration expected by another health healthcare provider in similar situations. This includes failing to diagnose a serious illness like low oxygen levels during childbirth which can cause cerebral palsy and brain damage.

Contacting a qualified attorney is the first step in filing a lawsuit against birth defects. Most attorneys offer free consultations to potential clients. If the attorney is convinced that a client has a valid case, they will examine medical records and hire experts to examine them. They will also assist in preparing documents and file the medical malpractice lawsuit on time.

Expert Witnesses

In a case involving birth injuries it is essential to have experts who can explain medical procedures and practices before a jury. Expert witnesses can be difficult to testify because they have to scrutinize a vast amount of data in order to make a decision that are based on evidence rather than opinion. Furthermore, they should be prepared to testify about facts that could contradict their views.

In the Daubert case the plaintiffs' experts suggested that Bendectin was the cause of their child's birth defects. The judge concluded that the evidence was at the "cutting edge of scientific research, where fact meets theory, and certainty transforms into probabilities." However, the judge did not consider there was enough evidence to prove that Bendectin doubled the chances of developing birth defects.

The Daubert decision was a blow to plaintiffs that had filed lawsuits against pharmaceutical companies in the hope of obtaining justice. There are numerous avenues that an injured party may pursue a lawsuit for birth defects.

A Philadelphia birth defect lawyer can assist those suffering from birth defects to determine whether they have a case. Lawyers can assist plaintiffs determine if they are qualified to file an individual lawsuit or a class action. In certain cases, an attorney can make a claim for birth injury as part of multidistrict litigation. To get started complete the form on this page for a free and confidential consultation with a qualified lawyer.

Representation

Although the advancements in technology and advances in the field of medicine have greatly reduced the risk of complications during pregnancy and childbirth however, they are not completely eliminated. If a birth defect, or injury occurs and the cause could have been avoided, parents may seek legal action to pay for the costs associated with treatment.

Medical negligence claims typically stem from a doctor's failure to identify or treat a problem. A doctor might fail to diagnose an ultrasound or make a mistake during surgery, leading to birth defects such as spina bifida. Birth defects can be caused by a wrong medication that is 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 newborn's body which can affect their health, appearance and performance. In some instances birth defects can drastically reduce a baby's life expectancy, or cause an enormous amount of medical expenses.

Contact an attorney for birth defects immediately if you believe your child's birth defect or birth injury was caused by medical negligence or carelessness during labor or birth. A lawyer can provide you with your options and help submit a claim prior to the statute of limitation expiring. A lawyer can also negotiate an agreement with the parties accountable for the injury of your child.