How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have drastically reduced the risks associated with birth. Birth defects or injuries occur often.

A birth defect lawsuit seeks to recover for your child's medical expenses or educational costs, among other expenses. You must prove that the medical professional involved breached the standard of care prior to or during the birth or during pregnancy.

Damages

Pregnancy is one of the most exciting and stressful times in a parent's life. Parents want their babies to be perfect, and doctors strive to do all they can to prevent birth defects from occurring. Unfortunately, negligence and carelessness on the part of medical professionals can increase the chance of birth defects and injuries. In the event of this happening the family of the victim might want to pursue justice via a birth defect lawsuit.

A successful birth defect lawsuit may result in damages for a variety of different things. This includes suffering for the victim, loss of consortium and medical expenses, not to mention loss of earning capacity. The amount of damages that the victim will receive is contingent on the severity of the child's illness, and how much it has affected their quality of living.

Environmental exposures can lead to birth injuries and birth defects. Studies have shown that pesticides, including fungicides and lead and paints, heavy metals and heavy metals can increase the risk of birth defects. Birth defect lawyers have filed lawsuits against companies that exposed workers to harmful chemicals and pharmaceutical companies that produce drugs like DES that may cause birth defects in fetuses.

If you think your child's birth defect or birth injury is the result of medical malpractice, it is important to consult a skilled birth defect lawyer as quickly as you can. In some states, you are given one year to file a lawsuit for medical malpractice. If you wait longer it could mean that your child will not receive the justice they deserve.

Statute of Limitations

A statute of limitations is a law which defines the deadline for when a person is allowed to file a civil claim. Anyone who fails to meet a deadline loses the right to pursue a defendant for Birth Defect lawsuit damages. Birth injury cases could have more complicated statutes of limitations than other types of medical malpractice cases.

A lawsuit is usually brought against the doctor or hospital who caused injury to an individual during labor and birth. These cases are sometimes referred to as birthing injury lawsuits or wrongful birth lawsuits although Florida's laws permit parents to file a malpractice lawsuit in the event of the death of a baby.

In a lawsuit for medical malpractice the plaintiff must prove that the doctor at fault failed to adhere to the standard of care and consideration that any other medical professional would have utilized in similar circumstances. This includes failing diagnose serious conditions like low levels of oxygen during childbirth which could lead to cerebral palsy and brain damage.

The first step to file a birth defect lawsuit is to reach an experienced attorney. A majority of attorneys offer free consultations to prospective clients. If an attorney is convinced that a client's claim is valid they will look over the medical records of the client and employ experts to assess the claims. They will also help prepare documents and file the medical malpractice suit on time.

Expert Witnesses

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

In the Daubert case, the plaintiffs' experts suggested that Bendectin caused san luis obispo birth defect lawyer defects for their child. The judge concluded that the evidence was "at the forefront of research in science where fact meets theories and the certainty is transformed into probabilities." However he was not convinced there was enough evidence that Bendectin caused birth defects.

The Daubert decision was a blow to plaintiffs who had filed lawsuits against pharmaceutical companies in the hope of obtaining justice. Nonetheless, there are still numerous avenues that an injured person could pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer can assist victims about whether they are eligible for an opportunity to file a claim. A lawyer can assist plaintiffs determine whether they are eligible to file a personal lawsuit or a class action. In certain instances lawyers can make a birth injury claim as part of multidistrict lawsuit (MDL). Complete the form below for a confidential and free consultation with an attorney.

Representation

Although the advancements in technology and developments in the field of medicine have greatly reduced the risk of complications during pregnancy and childbirth but they aren't completely eliminated. If a birth defect, or injury occurs and the cause could have been avoided, parents can seek legal action to cover costs related to treatment.

Medical negligence cases typically result from a doctor's inability to properly diagnose or treat a condition. A physician may not perform an ultrasound or make a mistake during surgery, leading to birth defects like spina bifida. Other causes for a birth defect lawsuit include insufficient medication for the mother or exposure to chemicals or other environmental hazards while the baby is developing in the womb.

A birth defect can 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 cause a significant amount of medical expenses.

Contact an attorney for birth defects today if you believe that the birth defect or injury was caused by medical negligence or mistakes during labor or pregnancy. A lawyer can help you determine your options and file a claim before the deadline for filing a claim expires. A lawyer may also be in a position to negotiate an agreement on your behalf with the parties accountable for the injuries your infant sustained.