How to File a Birth Defect Lawsuit

Modern technology and medicine have dramatically reduced the risk of childbirth. However, birth defects or injury is still a common occurrence.

A birth defect lawsuit seeks to pay your child's medical expenses, education costs as well as other losses. To be able to pursue a claim, you need to prove that medical professionals breached the standard of care prior to or during pregnancy or the birth of your child.

Damages

Pregnancy is among the most exciting and stressful moments in the life of a mother. Parents want their babies to be perfect, and doctors do their best to prevent birth defects. Medical negligence and carelessness could increase the risk of birth defects and injuries. When this happens the family of the victim may want to seek justice through a lockhart birth defect law firm defect lawsuit.

A successful birth defect suit can result in damages for a variety of different things. This can include pain and suffering for the victim, loss of consortium and medical expenses, as well as loss of earning capacity. The amount of damages that the victim will receive is contingent on the degree of the child's health, and how much it has affected their standard of living.

Birth injuries and birth defects 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 heavy metals and paints can increase the risk of birth defects. Birth defect lawyers have filed lawsuits against companies that exposed their workers to harmful chemicals and pharmaceutical companies that produce drugs like DES that may cause birth defects in fetuses.

If you suspect that your child's birth defect or birth injury was caused by medical malpractice, it is important to seek out a skilled birth defect lawyer as quickly as possible. In certain states, you only have one year to file a lawsuit against medical malpractice. If you wait this could mean that your child will never get the justice they deserve.

Statute of Limitations

A statute of limitation is a law which establishes the deadline for an individual to file a civil lawsuit. A person who misses an expiration date will lose the right to sue a defendant for damages. lumberton birth Defect lawyer injury cases could have more complex statutes of limitations than other kinds of medical malpractice claims.

A lawsuit is typically filed against the doctor or hospital who caused injury to the patient during labor and birth. These cases are sometimes known as birthing injuries suits or wrongful birth lawsuits although Florida's laws permit parents to file a malpractice lawsuit in the event of the death of a child.

In order to prove medical malpractice, the injured party will need to show that the doctor responsible did not adhere to the standards of care and consideration required by a different health healthcare provider in similar circumstances. This includes failing to recognize a serious illness, such as low oxygen levels during childbirth that can cause cerebral palsy and brain damage.

The first step to file a birth defect lawsuit is to reach a skilled attorney. Many attorneys provide free consultations for potential clients. If the lawyer believes that a client has a valid case, they will review medical records and appoint expert witnesses to assess them. They will also assist in preparing documents and file the medical malpractice lawsuit within the timeframe.

Expert Witnesses

In a case involving a birth injury it is essential to have experts who can explain medical practices and procedures to a jury. Expert witnesses can be difficult since they have to carefully review an extensive amount of information to be able to make decisions based on fact rather than opinions. They must also be willing to testify on facts that could contradict their opinions.

In the Daubert Case the plaintiffs' expert believed that Bendectin was the cause of their child's birth defect. The judge ruled that the evidence was "at the forefront of research in science where fact meets theories and certainty transforms into probabilities." However the judge was not convinced there was enough evidence to conclude that Bendectin caused birth defects.

The Daubert decision was a blow to plaintiffs who had sued pharmaceutical companies in seeking justice. There are many avenues for an injured party to seek a legal action over a birth defect.

A Philadelphia birth defect attorney can assist those suffering from birth defects to determine whether they're eligible for a claim. A lawyer can decide if an individual plaintiff is eligible to file a lawsuit on their own or as part of an action class. In certain situations lawyers can bring a birth injury lawsuit as part of multidistrict litigation (MDL). To get started, fill out the form on this page to request a an unreserved and confidential consultation with a professional lawyer.

Representation

Although the latest technology and advances in medicine have significantly reduced the risk of complications during childbirth and pregnancy however, they are not completely eliminated. Parents can take legal action if they suffer a birth injury or defect occurs, and the cause could have been prevented.

Medical negligence claims are often caused by a doctor's inability to diagnose or treat an illness. A doctor may fail to diagnose an ultrasound or make a mistake in surgery, leading to birth defects, such as spina bifida. Birth defects can also be caused by improper medication taken by the mother, or exposure to chemicals or other environmental dangers during the child's development during the womb.

A birth defect may affect any part of the body of a newborn which can affect their appearance, health and functioning. In some instances the birth defect could significantly diminish a baby's lifespan or result in significant medical expenses.

Contact an attorney for florence birth defect law firm defects today if you believe that your child's birth defect or birth injury was caused by medical negligence or carelessness during labor or birth. A lawyer can help explain your options and assist you submit a claim prior to the statute of limitation expiring. A lawyer can also negotiate an agreement with the parties accountable for the injuries suffered by your infant.