How to File a Birth Defect Lawsuit

Modern technology and advancements in medicine have dramatically reduced the risk of childbirth. Birth defects or injuries still occur often.

A birth defect lawsuit seeks to compensate your child for medical expenses, educational costs, and other losses. To pursue an action, you must establish that medical professionals violated the standard of medical care before or during pregnancy or the birth of your child.

Damages

Pregnancy is one of the most exciting and nerve-wracking times in a parent's life. Parents want their children to be perfect and doctors do everything to prevent birth defects. Medical negligence and carelessness can increase the risk of birth defects and injuries. A family that is shocked by this circumstance should think about taking legal action to remedy a birth defect.

A successful birth defect lawsuit may 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, not to mention loss of earning capacity. The amount of the damages a victim is awarded will depend on the severity of their child's condition and the extent to which it has affected with their life quality.

Birth defects and birth injuries can be caused by a number of factors which include environmental exposures. Research has shown that certain chemicals like pesticides, fungicides and lead, as well as paints and heavy metals may increase the chances of birth defects. Birth defect lawyers have filed lawsuits against companies that exposed workers to harmful chemicals, as well as pharmaceutical companies that produce drugs such as DES that may cause birth defects in fetuses.

If you suspect that medical malpractice caused your child's birth injury or grand prairie birth defect lawyer defect, it is recommended to consult a lawyer for birth defects immediately. In some states, you only have one year to file a medical malpractice suit, and waiting any longer than that could result in losing your chance to obtain the justice you deserve for your child's injury.

Statute of Limitations

A statute of limitations 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 seek damages from a defendant. Birth injury claims can have a more complicated time limit than other medical malpractice claims.

A lawsuit is usually filed against the hospital or doctor that caused a patient's injuries during labor and delivery. These types of cases are typically referred to as birthing injury lawsuits or wrongful birth suits although Florida's laws allow parents to pursue a medical malpractice suit for an infant's death.

In a case of medical malpractice, the injured party must prove that the doctor at fault did not adhere to the expected level of care and consideration that another medical professional would have utilized in similar circumstances. This could include failing to recognize serious conditions like low levels of oxygen during childbirth which can lead to cerebral palsy and brain damage.

The first step in filing a birth defect lawsuit is to contact an experienced attorney. Many attorneys provide free consultations and case reviews for potential clients. If an attorney believes that the client's claim is legitimate they will look over the medical records of the client, and they will hire experts to analyze the records. They can also assist in the preparation of documents and file the medical malpractice suit on time.

Expert Witnesses

In a case with birth injuries, it is vital to be able to have medical experts explain to jurors the medical practices and procedures. However, expert witnesses aren't easy to work with because they have to carefully review huge amounts of information and make decisions based on evidence rather than their opinions. They must also be willing to provide evidence on matters that could contradict their beliefs.

In the Daubert Case the plaintiffs' expert suggested that Bendectin is the reason for the birth defect of their child. The judge concluded that the evidence was "at the forefront of scientific research, where evidence meets theories and certainty dissolves into probabilities." However, he did not believe there was enough evidence to conclude that Bendectin caused birth defects.

The Daubert ruling was a setback for the plaintiffs who had sued pharmaceutical companies to obtain justice. There are many avenues an injured person can pursue a lawsuit over the birth defect.

A Philadelphia birth defect lawyer will assist the victims to determine whether they're eligible for a claim. A lawyer can assist victims determine if they're qualified to file a lawsuit as an individual or a class action. In certain cases lawyers can make a birth injury claim in the context of multidistrict litigation (MDL). To get started, fill out the form below for a a free and confidential consultation with a professional attorney.

Representation

While modern technology and recent advancements in the medical field have significantly reduced the risk of complications during pregnancy and childbirth However, they aren't eliminated. Parents can pursue legal action if a birth injury or defect occurs, and the reason could have been avoided.

Medical negligence claims are usually result from a doctor's inability diagnose or treat a disease. For instance, a doctor could neglect to perform an ultrasound test or make an error during surgery, which could result in a Kimberly Birth Defect Lawsuit defect similar to spina bifida. Other common causes of a birth defect lawsuit are an ineffective medication for the mother or exposure to chemicals or other environmental dangers while the baby is developing in the womb.

A birth defect can affect any part of the body of a newborn which can affect their appearance, health and performance. In some instances birth defects may reduce the lifespan of a baby or result in significant medical costs.

If you think the birth defect or injury was caused by medical malpractice or negligent care during labor or pregnancy, contact a qualified dearborn birth defect lawyer defect lawyer today. A lawyer can help discover your options and make a claim before the statute of limitations expires. A lawyer may also be able to negotiate the settlement on behalf of you with the parties accountable for your infant's injury.