How to File a Birth Defect Lawsuit

Modern medical technology and medicine have drastically reduced the risk of childbirth. Birth defects or injuries still occur often.

A birth defect lawsuit seeks reimbursement for medical expenses of your child as well as educational costs and other expenses. You must prove that the medical professional you are suing has violated the standard medical care during or before the birth or delivery.

Damages

Pregnancy is among the most exciting and stressful times in a parent's life. Parents want their babies to be perfect, and doctors attempt to do all they can to stop birth defects from happening. However, carelessness and negligence on the part of medical professionals can increase the chance of birth defects and injuries. Families who are shocked by this situation should consider suing for a birth defect.

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

Birth injuries and birth defects can be caused by a variety of causes that include exposure to environmental factors. Studies have revealed that pesticides such as fungicides and lead, as well paints, heavy metals and heavy metals, may increase the risk of birth defects. Birth defect lawyers have brought lawsuits against companies that have exposed workers to these harmful chemicals, and also against pharmaceutical companies that have made medications that can cause birth defects in fetuses such as DES.

If you think your child's birth defect, or birth injury is the result of medical malpractice, you should consult a reputable birth defect lawyer as quickly as possible. In certain states, there's only one year to file a medical malpractice suit, and waiting longer than that may mean losing your chance to get the justice you are due for the injury your child sustained.

Statute of Limitations

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

A lawsuit is typically filed against the doctor or hospital that caused a patient's injuries during labor and birth. These types of cases are typically called birthing injuries lawsuits or wrongful birth suits, however, Florida's laws permit parents to pursue a medical malpractice suit for the death of an infant.

To prove medical malpractice, the victim will need to show that the doctor who was at fault didn't adhere to the standard of care and consideration expected by another health healthcare provider in similar circumstances. This includes failing in diagnosing a serious illness for example, low oxygen levels during childbirth that result in brain damage and cerebral palsy.

The first step to file a birth defect lawsuit is to speak with a skilled attorney. A majority of attorneys offer free consultations for potential clients. If an attorney is convinced that the claim of a client is valid they will examine the medical documents of the client and then hire experts to assess the records. They will also assist in preparing documents and filing the medical malpractice lawsuit on time.

Expert Witnesses

In a case involving a birth injury, it is important to have experts who can explain medical practices and procedures before a jury. Expert witnesses can be difficult because they have to carefully review the vast amount of information to be able make decisions based on fact rather than opinions. In addition, they must be prepared to testify about things that may contradict their views.

In the Daubert case the plaintiffs' experts argued that Bendectin had caused their child's birth defects. The judge concluded that the evidence was "at the cutting-edge of research in science where fact meets theories and the certainty is transformed into probabilities." However, he did not believe there was enough evidence that Bendectin caused birth defects.

The Daubert decision was a setback to plaintiffs who had filed lawsuits against pharmaceutical companies in seeking justice. However, there are many avenues for an injured person can pursue a birth defect lawsuit.

A Philadelphia Trenton Birth Defect Law Firm defect lawyer can assist those suffering from buford birth defect law firm defects to determine whether they're eligible for a claim. A lawyer can assist clients determine if they're qualified to file an individual lawsuit or a class action. In some cases, a lawyer can bring a birth injury lawsuit in the context of multidistrict litigation (MDL). Complete the form below to get a confidential and free consultation with an attorney.

Representation

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

Medical negligence claims are often based on a doctor's failure diagnose or treat a condition. A physician may fail to diagnose an ultrasound or make a mistake during surgery, resulting in birth defects like spina bifida. Birth defects can be caused by the wrong 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 may affect any part of the body of a newborn, affecting their appearance, health, and function. In some instances, birth defects can reduce a baby's lifespan or cause significant medical expenses.

Contact a birth defect lawyer immediately if you believe your child's birth defect or birth injury was the result of medical negligence or mistakes during labor or pregnancy. A lawyer can assist you identify your options and submit a claim before the deadline for filing a claim expires. A lawyer might also be in a position to negotiate an agreement on your behalf with the responsible parties for your child's injuries.