How to File a Birth Defect Lawsuit

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

A birth defect lawsuit seeks to compensate your child for medical expenses, education costs and other losses. To be able to pursue an action, you must establish that a medical professional breached the standard of care prior to pregnancy or during the delivery.

Damages

Pregnancy can be one of the most exciting, but nerve-wracking moments during the lifetime of a parent. Parents want their children to be perfect, and doctors try to do everything possible to stop birth defects from happening. Unfortunately, negligence and carelessness on the part of medical practitioners can increase the risk of birth injuries and birth defects. When this occurs, a stunned family should consider seeking justice through a birth defect lawsuit.

A successful birth defect lawsuit could result in damages for a variety of different things. These include the victim's pain and suffering, loss of consortium, medical expenses and lost earning capacity. The amount of damages a victim will receive will depend on the severity of their child's medical condition and the extent that it has affected with their daily life.

Birth injuries and birth defects can be caused by a number of causes that include exposure to environmental factors. Research has shown that certain chemicals, like fungicides, pesticides and lead, as well paints and heavy metals may increase the likelihood of birth defects. Birth defect lawyers have brought suits against companies that exposed workers to harmful chemicals, and also against pharmaceutical companies that have made medications that can cause birth defects in fetuses such as DES.

If you suspect that medical error caused the birth injury of your child or birth defect, consult a lawyer for birth defects immediately. In some states, you only have one year to file a lawsuit against medical malpractice. If you put off filing a lawsuit for a longer period it could mean that your child will never receive the justice they deserve.

Statute of Limitations

A statute of limitations is a law which defines the time frame for which a person has to file a civil action. If a claimant fails to file by the deadline, they will lose the right to claim damages from the defendant. Birth injury claims can have a more complicated time limit than other medical malpractice claims.

A lawsuit is typically brought against the doctor or hospital that caused an injury to a patient during labor and birth. These cases are often known as birthing injury lawsuits or wrongful birth suits however, Florida's laws permit parents to make a claim for medical malpractice in the event of a baby's death.

To prove medical negligence, the person who was injured will need to show that the doctor at fault didn't adhere to the standard of care or consideration required by a different health medical professional in similar circumstances. This includes failing to recognize an illness of serious severity like low levels of oxygen in the childbirth process that result in cerebral palsy or brain damage.

Contacting a qualified attorney is the first step to filing a lawsuit for birth defects. Many attorneys provide free consultations and reviews of cases to potential clients. If an attorney is convinced that the claim of a client is legitimate they will examine the medical documents of the client and then hire experts to evaluate the claims. They can also assist in the preparation of documents and filing the medical malpractice lawsuit in time.

Expert Witnesses

In a case involving birth injuries it is essential to have experts who can explain medical practices and procedures to jurors. Expert witnesses can be difficult since they must scrutinize a large amount of information in order to make a decision in accordance with facts rather than opinions. They must also be willing to testify on facts that could contradict their opinions.

In the Daubert case, the plaintiffs' experts argued that Bendectin was the cause of their child's birth defects. The judge found that the evidence was on the "cutting edge of research in science, where fact is matched by theory, and certainty turns into probabilities." However, the judge did not believe that there was sufficient evidence to prove that Bendectin increased the chance of developing birth defects.

The Daubert ruling was a setback to the plaintiffs who had sued pharmaceutical companies in order to achieve justice. However, there are many avenues for the injured party could pursue a lawsuit for birth defects.

A Philadelphia birth defect attorney can assist those suffering from birth defects to determine whether they are a victim. A lawyer can help plaintiffs determine whether they are qualified to file an individual lawsuit or a class action. In certain cases lawyers may be able to start a lawsuit for birth injuries in the context of multidistrict litigation (MDL). To begin by filling out the form below for a an unreserved and confidential consultation with a professional lawyer.

Representation

Modern technology and recent advancements in the field of medicine could have decreased the risk of complications that can occur during pregnancy and childbirth but they're not entirely eliminated. Parents may pursue legal action if they suffer a birth defect or birth injury occurs, and the reason could have been prevented.

Medical negligence claims often result from a doctor's inability to properly diagnose or treat a condition. A physician may fail to perform an ultrasound or make a mistake during surgery, leading to birth defects such as spina bifida. Birth defects can be caused by a wrong medication that is taken by the mother, or exposure to chemicals or other environmental dangers that can affect the development of the baby in the womb.

A birth defect could affect any part of the newborn's body that can affect their appearance, health, and functionality. In some instances birth defects can dramatically reduce a child's life expectancy or lead to a significant amount of medical costs.

Contact an attorney for birth defects today if you believe that your child's birth defect or injury was caused by medical negligence or negligence during labor or pregnancy. A lawyer can assist you to discover your options and file a claim before the statute of limitations expires. A lawyer can also negotiate a settlement with the responsible parties for the harm to your infant.