How to File a Birth Defect Lawsuit

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

A birth defect lawsuit seeks compensation for medical expenses of your child as well as educational costs and other expenses. To pursue such a claim, you must establish that a medical professional breached the standard of care before or during pregnancy or delivery.

Damages

Pregnancy can be one of the most exciting, yet nerve-wracking experiences in the life of a parent. Parents want their children to be perfect, and doctors try to do their best to prevent birth defects from happening. However, carelessness and negligence on the part of medical professionals can increase the risk of birth injuries and defects. When this occurs families that are shocked might want to pursue justice via a birth defect lawsuit.

A successful birth defect lawsuit could result in damages for a variety of different things. This includes pain and suffering for the victim as well as loss of consortium and medical expenses, in addition to loss of earning capacity. The amount of compensation an individual victim will be awarded depends on the severity of the child's condition and how much it has affected their quality of living.

Birth injuries and birth defects can be caused by a variety of factors which include environmental exposures. Research has shown that certain chemicals such as pesticides, fungicides lead, paints, and heavy metals can increase the chances of birth defects. Birth defect lawyers have brought lawsuits against companies that exposed workers to toxic chemicals, as well against pharmaceutical companies that have produced drugs that can 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 seek out a skilled birth defect lawyer as soon as possible. In certain states, you have only one year to file a medical negligence suit, and if you wait longer than that could result in losing the chance to receive the justice you are due for the injury your child sustained.

Statute of limitations

A statute of limitation is a law that defines the time limit for a person to file a civil lawsuit. A person who misses a deadline loses the right to pursue a defendant for damages. Birth injury claims be more complex in terms of the time limit than other medical malpractice claims.

A lawsuit is usually filed against the hospital or doctor who caused the patient's injuries during labor and delivery. These cases are sometimes referred to birthing injury lawsuits or wrongful birth lawsuits, however Florida's laws allow parents to file a malpractice lawsuit in the event of the death of a baby.

In a lawsuit for medical malpractice the plaintiff must prove the at-fault doctor was not adhering to the expected level of care and consideration other health care providers would have applied in similar circumstances. This includes failing to diagnose a serious illness, such as low levels of oxygen in the childbirth process that can cause cerebral palsy and brain damage.

The first step to file a birth defect lawsuit is to get in touch with an experienced attorney. A majority of attorneys offer free consultations and case reviews to prospective clients. If an attorney is convinced that the claim of a client is valid they will go over the medical records of the client and then hire experts to review them. They can also assist in the preparation of documents and file the medical malpractice lawsuit within time.

Expert Witnesses

In cases with birth injuries, it is vital to have medical experts that can explain to jurors the medical procedures and practices. Expert witnesses can be difficult because they have to carefully review a vast amount of data in order to make a decision based on fact rather than opinion. Additionally, they must be able to testify regarding facts that could contradict their views.

In the Daubert case, the plaintiffs' experts suggested that Bendectin had caused birth defects for their child. The judge concluded that the evidence was on the "cutting edge of research in science, where fact meets theory, and certainty transforms into probability." However the judge did consider there was enough evidence to prove that Bendectin doubled a baby's chance of developing birth defects.

The Daubert decision was a blow to plaintiffs that had sued pharmaceutical companies in seeking justice. Nonetheless, there are still various ways in which an injured party may pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer can advise victims about whether they are eligible for a right to sue. A lawyer can determine if the plaintiff is able to file a lawsuit on their own or as part of a class action. In some instances attorneys can start a lawsuit for birth injury as part an interdistrict litigation. Fill out the form to receive a private and free consultation with an attorney.

Representation

Modern technology and recent advancements in medicine may have reduced the chance of complications occurring during pregnancy and childbirth, however they're not completely eliminated. Parents can pursue legal action if a birth injury or defect occurs, and the cause could have been avoided.

Medical negligence claims often result from a doctor's inability to identify or treat a problem. Physicians may fail to diagnose an ultrasound or make a mistake in surgery, leading to birth defects such as spina bifida. Other causes that can lead to a birth defect lawsuit include improper medication for the mother or exposure to chemicals or other environmental dangers while the baby develops in the womb.

A birth defect law firm defect can affect any part of the body of a baby and affect their health, performance and appearance. In some cases the birth defect could significantly diminish a baby's life expectancy, or cause a significant amount of medical costs.

Contact an attorney for birth defects today if you believe that the birth injury or defect was caused by medical negligence or malpractice during pregnancy or labor. A lawyer can help you determine your options and submit a claim before the statute of limitations runs out. A lawyer may also be competent to negotiate an agreement on behalf of you with the responsible parties for your infant's injury.