How to File a Birth Defect Lawsuit

Modern medical technology and medicine have drastically reduced the risks of childbirth. But, a birth defect or injury still happens frequently.

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

Damages

Pregnancy can be one of the most exciting, but nerve-wracking moments in a parent's lifetime. Parents want their babies to be perfect, and doctors work to do their best to prevent birth defect lawsuits defects from happening. However, carelessness and negligence on the part of medical professionals can increase the chance of birth injuries and birth defects. When this occurs the family of the victim ought to consider pursuing justice through a birth defect lawsuit.

A successful birth defect lawsuit may result in damages for a range of different things. These include a victim's suffering and suffering and loss of consortium medical expenses, and loss of earning capacity. The amount of damages a victim will receive will depend on the severity of their child's medical condition and the extent to which it has impacted in their quality of life.

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

If you believe that your child's birth defect, or birth injury was the result of medical malpractice, it is important to consult a reputable birth defect lawyer as soon as possible. In certain states, there's only one year to file a medical malpractice lawsuit, and waiting more than that can mean losing your chance of getting the justice you need for your child's injuries.

Statute of limitations

A statute of limitations is a law which defines how long a person has to file a civil action. A person who misses an expiration date will lose the right to seek damages from a defendant. Birth injury cases can have more complex statutes of limitations than other types of medical malpractice claims.

A lawsuit is typically filed against the doctor or hospital who caused the patient's injuries during labor and delivery. These cases are commonly known as birthing injury lawsuits or wrongful birth suits though Florida's laws allow parents to make a claim for medical malpractice in the event of a baby's death.

In a case of medical malpractice the plaintiff must prove the at-fault doctor was not adhering to the standard of care and consideration another health care provider would have used in similar circumstances. This could include failing to recognize a serious condition such as low oxygen levels in childbirth that can cause cerebral palsy and brain damage.

The first step in filing a birth defect lawsuit is to contact an experienced attorney. A majority of attorneys offer free consultations to potential clients. If the attorney believes a client has a valid claim they will look into medical records and engage experts to examine the case. They will also assist in preparing 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. Expert witnesses can be difficult to work with since they must be able to scrutinize massive amounts of evidence and make decisions based on evidence rather than their opinions. They should also be prepared to testify on evidence which may contradict their opinion.

In the Daubert case the plaintiffs' experts suggested that Bendectin contributed to their child's birth defects. The judge ruled that the evidence was at the "cutting edge of research in science, where reality meets theory, and certainty transforms into probabilities." However, the judge did not believe that there was sufficient evidence to prove that Bendectin doubled a baby's risk of developing birth defects.

The Daubert decision was an affront to plaintiffs who had sued pharmaceutical companies in an effort to obtain justice. However, there are various ways in which an injured party may pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer can advise victims on whether they have a claim. Lawyers can assist victims determine if they're qualified to file a lawsuit as an individual or a class action. In certain cases an attorney may be able to file a lawsuit for birth injuries as part a multidistrict lawsuit. To get started by filling out the form on this page to request a an unreserved and confidential consultation with a qualified attorney.

Representation

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

Medical negligence claims are typically based on a doctor's failure diagnose or treat an illness. For example, a physician may fail to conduct an ultrasound test or make an error during surgery, which could result in a birth defect similar to spina bifida. Other causes for a birth defect lawsuit include improper medication for the mother or exposure to chemicals or other environmental dangers while the baby develops in the womb.

A birth defect can affect any part of a newborn's body. It can affect their health, performance and appearance. In some instances, a birth defect can dramatically reduce a child's life expectancy or lead to an enormous amount of medical expenses.

If you suspect that your child's birth defect or injury was the result of negligence or medical malpractice during labor or birth get in touch with a reputable birth defect (water.vouvstudio.com) lawyer today. A lawyer can help determine your options and make a claim prior to the statute of limitations expires. A lawyer may also be capable of negotiating a settlement on behalf of you with the parties responsible for your child's injuries.