How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have drastically reduced the risks associated with birth. Birth defects or injuries still occur often.

A birth defect lawsuit seeks reimbursement for medical expenses of your child education costs, as well as other losses. You must prove that the medical professional involved violated the standard care prior to or during the pregnancy or birth.

Damages

Pregnancy can be one of the most exciting, yet nerve-wracking times during the lifetime of a parent. Parents want their babies to be perfect, and doctors try to do everything they can to stop birth defects from occurring. Medical negligence and carelessness could increase the risk for birth defects and injuries. If this happens an astonished family might want to pursue justice via a birth defect lawsuit.

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

Environmental exposures can cause birth defects and birth injuries. Studies have proven that certain chemicals such as pesticides, fungicides, lead, heavy metals and paints can increase the likelihood of birth defects. Birth defect lawyers have brought lawsuits against companies that have exposed workers to these harmful chemicals, and against pharmaceutical companies that have produced drugs that could cause birth defects in fetuses like DES.

If you think your child's birth defect, or birth injury is the result of medical malpractice, it is important to consult a reputable birth defect lawyer as quickly as you can. In some states, you only have one year to file a medical negligence suit, and if you wait longer than that may mean losing your chance to obtain the justice you have earned for your child's injury.

Statute of Limitations

A statute of limitations is a law which defines the time limit for a person to file a civil claim. Anyone who fails to meet a deadline loses the right to seek damages from a defendant. Birth injury cases could have more complex statutes of limitations than other types of medical malpractice claims.

A lawsuit is typically filed against the hospital or doctor that caused a patient's injuries during labor and birth. These cases are commonly called birthing injuries lawsuits or wrongful birth suits, though Florida's laws allow parents to file a medical malpractice suit in the event of a baby's death.

In a medical malpractice lawsuit the injured party must prove that the doctor at fault did not adhere to the standard of care and consideration that another health care provider would have followed in similar circumstances. This includes failing to recognize a serious condition such as low levels of oxygen in the childbirth process that can cause cerebral palsy or brain damage.

A qualified attorney should be the first step in filing a lawsuit against birth defects. The majority of lawyers offer free consultations and case reviews to potential clients. If the attorney believes that a client has a valid claim they will examine medical records and appoint expert witnesses to assess the case. They can also assist in the preparation of documents and file the medical malpractice lawsuit on time.

Expert Witnesses

In a birth injury case it is essential to have experts who can explain medical procedures and practices to jurors. Expert witnesses can be difficult to testify because they have to carefully review a large amount of information to make decisions in accordance with facts rather than opinion. Additionally, they must be prepared to testify about things that may contradict their opinions.

In the Daubert Case the plaintiffs' expert suggested that Bendectin is the reason for the birth defect in their child. The judge ruled that the evidence was on the "cutting edge of research in science, where fact meets theory and certainty dissolves into probabilities." However, the judge did not consider there was enough evidence that Bendectin doubled a baby's risk of developing birth defects.

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

A Philadelphia birth defect lawyer can provide victims with advice about whether they are eligible for a right to sue. A lawyer can help plaintiffs determine whether they are qualified to file an individual lawsuit or a class action. In certain cases lawyers can start a lawsuit for birth injuries as part an interdistrict litigation. To begin by filling out the form here for an initial consultation for free and confidential with a professional lawyer.

Representation

Although modern technology and recent advances in medicine have drastically reduced the chance of complications during childbirth and pregnancy but they aren't completely eliminated. If a birth defect injury occurs and the cause was preventable parents can pursue legal action to recover the costs related to treatment.

Medical negligence claims usually stem from a doctor's failure to identify or treat a condition. A doctor may fail to conduct an ultrasound or make a mistake during surgery, resulting in a birth defect such as spina bifida. Other common causes of birth defect lawsuits include inadequate medication for the mother or exposure to chemicals or other environmental hazards as the baby is developing in the womb.

A birth defect can affect any part of the body of a baby and impact their health, function and appearance. In some cases, birth defects can reduce a baby's lifespan or cause significant medical expenses.

If you think the birth defect attorneys defect or injury was the result of medical malpractice or negligent care during pregnancy or labor get in touch with a reputable birth defect lawyer today. A lawyer can assist you in understanding your options and assist you submit a claim prior to the deadline for filing. A lawyer can also negotiate an agreement with the responsible parties for the injury of your child.