How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have greatly reduced the risk of birth defect lawsuits (internet site). Birth defects or injuries continue to occur often.

A birth defect lawsuit seeks compensation for your child's medical expenses or educational costs, among other expenses. To pursue such a claim, you must establish that medical professionals breached the standard of care prior to or during pregnancy or the birth of your child.

Damages

Pregnancy can be one of the most exciting yet nerve-wracking events in a parent's lifetime. Parents want their children to be perfect, and doctors work to do everything possible to prevent birth defects from occurring. Unfortunately, negligence and carelessness on the part of medical professionals can increase the risk of birth injuries and defects. A family that is stricken by this news should think about the possibility of suing over a birth defect.

A successful birth defect lawsuit may result in damages for a range of different things. This can include pain and suffering for the victim, loss of consortium and medical costs, as well as loss of earning capacity. The amount of damages a victim receives will depend on the severity of their child's medical condition and the extent to which it has affected in their quality of life.

Environmental exposures can lead to birth injuries and birth defects. Studies have shown that certain chemicals, like pesticides, fungicides and lead, as well paints and heavy metals may increase the likelihood 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 error caused the birth injury or birth defect, consult a lawyer for birth defects immediately. In some states, you are given one year to file a lawsuit against medical malpractice. If you wait this could mean that your child will never receive the justice they deserve.

Statute of limitations

A statute of limitations is a law that establishes the deadline for when a person is allowed to file a civil action. A person who misses a deadline loses the right to pursue a defendant for damages. Birth injury claims can have a more complicated time limit than other medical malpractice claims.

A lawsuit is usually brought against the doctor or hospital that caused an injury to an individual during labor and birth. These cases are often called birthing injury lawsuits or wrongful birth suits, although Florida's laws allow parents to file a medical malpractice suit for the death of an infant.

In a case of medical malpractice the victim must prove the at-fault doctor failed to adhere to the standard of care and consideration that any other medical professional would have used in similar circumstances. This includes failing to recognize a serious condition such as low levels of oxygen in the childbirth process which can lead to cerebral palsy and brain damage.

The first step in filing a birth defect lawsuit is to reach an experienced attorney. Many attorneys provide free consultations to potential clients. If an attorney believes the claim of a client is valid they will go over the medical records of the client and employ experts to analyze the claims. They will also assist in preparing documents and filing the medical malpractice lawsuit in time.

Expert Witnesses

In cases involving birth injuries, it is essential to have medical experts who can explain to a jury the medical procedures and practices. Expert witnesses aren't easy to work with since they must carefully examine massive amounts of evidence and be able to make decisions based on evidence rather than opinions. They must also be able to testify regarding facts that could contradict their opinions.

In the Daubert case, the plaintiffs' experts suggested that Bendectin had caused birth defects for their child. The judge concluded that the evidence was at the "cutting edge of scientific research, where fact meets theory and the certainty transforms into probabilities." However, the judge did not believe there was enough evidence to prove that Bendectin doubled a baby's risk of developing birth defects.

The Daubert ruling was a setback for the plaintiffs, who had filed a lawsuit against pharmaceutical companies to achieve justice. However, there are numerous avenues that an injured party may pursue a lawsuit for birth defects.

A Philadelphia birth defect attorney can help victims determine if they have a case. A lawyer can assist plaintiffs determine if they are qualified to file a lawsuit as an individual or a class action. In certain instances lawyers can make a birth injury claim as part of a multidistrict litigation (MDL). To begin, fill out the form on this page for a free and confidential consultation with a qualified lawyer.

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. If a birth defect injury occurs and the cause was preventable, parents can seek legal action to cover costs related to treatment.

Medical negligence claims typically stem from a doctor's failure to properly diagnose or treat a condition. A doctor might fail to perform an ultrasound or make a mistake during surgery, birth defect lawsuits resulting in birth defects, such as spina bifida. Birth defects can be caused by the wrong medication taken by the mother or exposure to chemicals and other environmental hazards during the baby's development during the womb.

A birth defect could affect any part of the body of a newborn which can affect their appearance, health, and functionality. In certain cases birth defects can decrease the life expectancy of a newborn or lead to significant medical costs.

If you think your child's birth defect or birth defect lawsuits injury was caused by negligence or medical malpractice during labor or pregnancy, contact a qualified birth defect lawyer today. A lawyer can assist you discover your options and file a claim before the time limit expires. A lawyer can also negotiate a settlement with the responsible parties for the injury suffered by your infant.