How to File a Birth Defect Lawsuit

Modern technology and advancements in medicine have dramatically reduced the risk of the birth of a child. But, a birth defect or injury still occurs frequently.

A birth defect lawsuit seeks to pay your child's medical expenses, educational costs and other damages. To pursue such a claim, you must prove that medical professionals did not meet the standard of care prior to or during pregnancy or delivery.

Damages

Pregnancy can be one of the most exciting yet nerve-wracking events during the lifetime of a parent. Parents want their babies 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 occurs families that are shocked should consider seeking justice through a birth defect lawsuit.

A successful birth defect lawsuit can result in damages for a number of different things. This includes pain and suffering for the victim as well as loss of consortium, medical expenses, as well as loss of earning capacity. The amount of damages a victim receives will depend on the degree of their child's health and the extent that it has affected in their quality of life.

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

If you suspect that medical negligence caused your child's birth injury or birth defect, you should consult a birth defect lawyer immediately. In some states, there is only one year to file a medical negligence suit, and if you wait longer than that can mean losing your chance of getting the justice you deserve for your child's injury.

Statute of limitations

A statute of limitations is a law which defines how long a person has to file a civil suit. If someone misses the deadline, they 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 usually brought against the doctor or hospital that caused an injury to patients during labor or delivery. These cases are often referred to as birthing injury lawsuits or wrongful birth lawsuits however, Florida's laws allow parents to file a malpractice lawsuit in the event of the death of a baby.

In order to prove medical malpractice, the party who suffered will need to show that the doctor at fault didn't adhere to the standards of care and consideration expected by another health care provider in similar circumstances. This includes not being able to identify an illness that is serious, such as low levels of oxygen in the childbirth process that cause cerebral palsy and brain damage.

Finding a reputable attorney is the first step in filing a lawsuit for birth defects. Most attorneys offer free consultations to prospective clients. If the attorney believes a client has a valid claim they will review medical records and employ experts to evaluate the evidence. They can also assist in the preparation of documents and file the medical malpractice lawsuit on time.

Expert Witnesses

In the case of a birth injury it is essential to have experts who can explain medical practices and procedures to jurors. However, expert witnesses can be difficult to work with since they have to carefully review huge quantities of information and be able to make decisions based upon facts rather than opinions. They must also be able to testify regarding facts that might conflict with their beliefs.

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

The Daubert decision was an affront to plaintiffs who had filed suit against pharmaceutical companies in an attempt to get justice. There are a variety of avenues for a victim to bring a lawsuit based on the birth defect.

A Philadelphia birth defect lawyer can assist victims about whether they are eligible for a right to sue. A lawyer can determine if the plaintiff is eligible to pursue a lawsuit by themselves or as part of an action class. In some cases lawyers can bring a lawsuit on behalf of a birth injuries as part of a multidistrict lawsuit. Please fill out the form below to get a confidential and free consultation with an attorney.

Representation

Modern technology and recent advancements in medicine may have reduced the risk of complications that can occur during pregnancy and childbirth but they are not completely eliminated. If a birth defect, or injury occurs, and the cause is preventable, parents may seek legal action to cover costs related to treatment.

Medical negligence claims often stem from a doctor's failure to identify or treat a condition. Physicians may not perform an ultrasound or make a mistake during surgery, resulting in birth defects such as spina bifida. Other causes for birth defect lawsuits include insufficient medication for the mother or exposure to chemicals or other environmental hazards while the baby is growing in the womb.

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

Contact a birth defect lawyer today if you suspect that your child's birth defect or injury was the result of medical negligence or carelessness during labor or birth. A lawyer can assist you determine your options and file a claim before the time limit expires. A lawyer might also be competent to negotiate an agreement on behalf of you with the parties responsible for the injuries your infant sustained.