How to File a Birth Defect Lawsuit

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

A Shively birth defect lawyer defect lawsuit seeks compensation for your child's medical expenses education costs, as well as other expenses. You must prove that the medical professional who was involved has violated the standard medical care during or before the birth or delivery.

Damages

Pregnancy is among the most exciting and stressful experiences a parent can experience. Parents want their babies to be perfect and doctors do everything possible to prevent birth defects. Unfortunately, negligence and carelessness on the part of medical professionals can increase the risk of birth defects and injuries. If this happens, a stunned family may want to seek justice through a birth defect lawsuit.

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

Birth injuries and birth defects can be caused by a variety of causes which include exposure to environmental factors. Studies have proven that certain chemicals like pesticides, fungicides lead, paints and heavy metals may increase the risk of birth defects. Birth defect lawyers have filed lawsuits against companies that exposed their workers to harmful chemicals as well as pharmaceutical companies that manufacture drugs such as DES that can cause birth deformities in fetuses.

If you suspect that medical error caused the birth injury of your child or birth defect, consult a birth defect lawyer immediately. In certain states, there is only one year to file a medical malpractice lawsuit, and waiting more than that could result in losing your chance of getting the justice you need for your child's injuries.

Statute of limitations

A statute of limitations is a law that defines the time limit for a person to file a civil lawsuit. Anyone who fails to meet an expiration date will lose the right to seek damages from a defendant. Birth injury cases could have more complicated statutes of limitations than other kinds of medical malpractice claims.

A lawsuit is usually filed against the doctor or hospital who caused the patient's injuries during labor and delivery. These cases are commonly referred to as birthing injury lawsuits or wrongful birth suits, although Florida's laws allow parents to file a medical malpractice suit to bring a child's death.

In a medical malpractice case, the injured party must prove the at-fault doctor did not adhere to the expected level of care and consideration other health care providers would have applied in similar circumstances. This includes failing to recognize an illness that is serious, for example, low oxygen levels during childbirth which could lead to cerebral palsy and brain damage.

A qualified attorney should be the first step to filing a lawsuit for birth defects. The majority of lawyers offer free consultations to prospective clients. If an attorney is convinced that the claim of a client is legitimate they will look over the medical records of the client and employ experts to assess the evidence. They can also assist in the preparation of documents and file the medical malpractice lawsuit within the timeframe.

Expert Witnesses

In a case involving birth injuries it is crucial to have experts who can explain medical procedures and practices before a jury. Expert witnesses can be difficult to testify because they have to carefully review a vast amount of data in order to make a decision in accordance with facts rather than opinion. They must also be willing to testify on evidence that could contradict their opinion.

In the Daubert Case the plaintiffs' expert claimed that Bendectin was responsible for the birth defect of their child. The judge found that the evidence was on the "cutting edge of research in science, where reality meets theory and the certainty transforms into probabilities." However, the judge did not believe there was sufficient evidence to prove that Bendectin doubled the chances of developing birth defects.

The Daubert decision was a blow to plaintiffs who had filed suit against pharmaceutical companies in the hope of obtaining justice. There are various ways in which an injured party may pursue a lawsuit for birth defects.

A Philadelphia freeport birth defect lawsuit defect lawyer can advise victims about whether they have claims. Lawyers can determine if an individual plaintiff is eligible to file a suit on their own or as part of an action class. In certain cases an attorney may be able to bring a lawsuit on behalf of a birth injury as part a multidistrict litigation. Complete the form below to get a confidential and free consultation with an attorney.

Representation

Modern technology and recent advancements in the field of medicine could have reduced the chance of complications occurring during childbirth and pregnancy, but they're still not completely eliminated. If a ithaca birth defect lawsuit defect injury occurs and the cause was preventable parents may seek legal action to recover the costs associated with treatment.

Medical negligence claims usually stem from a doctor's failure to diagnose or treat a problem. For instance, a physician might fail to conduct an ultrasound examination or make mistakes during surgery, which could result in a birth defect like spina bifida. Birth defects can be caused by the wrong medication that is taken by the mother or exposure to chemicals and other environmental dangers during the child's development in the womb.

A birth defect can affect any part of a newborn's body and impact their health, function and appearance. In certain cases birth defects may reduce the lifespan of a baby or result in substantial medical expenses.

If you think your child's birth defect or injury was due to negligence or medical malpractice during labor or birth consult a certified birth defect lawyer today. A lawyer can assist you in understanding your options and help you make a claim prior the statute of limitation expiring. A lawyer can also negotiate an agreement with the parties responsible for the injuries suffered by your infant.