How to File a Birth Defect Lawsuit

Modern medical and technological advances have significantly decreased the risks of childbirth. However, birth defects or injury still occurs frequently.

A birth defect lawsuit seeks compensation for your child's medical expenses or educational costs, among other losses. You must prove that the medical professional you are suing breached the standard of treatment prior to or during the birth or delivery.

Damages

Pregnancy can be one of the most exciting, yet nerve-wracking times in a parent's lifetime. Parents want their babies to be perfect, and doctors do everything to avoid birth defects. Unfortunately, carelessness and negligence on the part of medical practitioners can increase the risk of birth injuries and defects. A family that is shocked by this circumstance should think about seeking legal action for a birth defect.

A successful birth defect lawsuit could result in damages for a variety of different things. This can include pain and suffering for the victim as well as loss of consortium and medical expenses, not to mention loss of earning capacity. The amount of damages a person suffers will depend on the degree of their child's health and the extent to which it has impacted in their quality of life.

Environmental exposures can cause birth defects and birth injuries. Studies have revealed that certain chemicals like pesticides, fungicides and fhoy.kr lead, as well as paints and heavy metals can increase the chances of birth defects. Birth defect lawyers have brought suits against businesses that have exposed workers to harmful chemicals, and against pharmaceutical companies that have produced medications that can cause birth defects in fetuses, such as DES.

If you suspect that your child's birth defect or bethlehem birth defect lawsuit injury was caused by medical negligence, you must seek out a skilled birth defect lawyer as soon as possible. In certain states, you have only one year to file a lawsuit against medical malpractice. If you wait this could mean that your child will not receive the justice they deserve.

Statute of Limitations

A statute of limitation is a law that defines the time limit for a person to file an action in civil court. If a claimant fails to file by the deadline, they will lose the right to claim damages from a defendant. Birth injury cases can have more complex statutes of limitations than other kinds of medical malpractice claims.

A lawsuit is typically filed against the doctor or hospital that caused a patient's injuries during labor and birth. These cases are commonly known as birthing injury lawsuits or wrongful birth suits, though Florida's laws allow parents to bring a medical malpractice lawsuit for an infant's death.

In a medical malpractice lawsuit, the injured party must prove that the doctor at fault failed to adhere to the expected level of care and consideration other health care providers would have followed in similar circumstances. This includes failing to recognize a serious illness, such as low oxygen levels in childbirth which can result in cerebral palsy and brain damage.

Contacting a reputable attorney is the first step towards filing a lawsuit for birth defects. Most attorneys offer free consultations and case reviews for birth defect prospective clients. If an attorney believes that a client's claim is valid they will look over the medical documents of the client and hire experts to review the claims. They will also assist in preparing documents and file the medical malpractice suit within time.

Expert Witnesses

In cases involving birth injuries, it is vital to have medical experts who can explain to a jury the medical practices and procedures. Expert witnesses can be difficult as they must carefully examine a vast amount of data to make decisions based on facts, not opinion. They must also be prepared to testify about facts that might conflict with their opinions.

In the Daubert Case, the plaintiffs' expert suggested that Bendectin caused the birth defect of their child. The judge concluded that the evidence was on the "cutting edge of research in science, where fact meets theory and the 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 Chillicothe Birth Defect Law Firm defects.

The Daubert decision was a setback to plaintiffs who had filed lawsuits against pharmaceutical companies in an effort to obtain justice. Nonetheless, there are still many ways that an injured person can pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer can provide victims with advice about whether they have an opportunity to file a claim. Lawyers can determine if an individual plaintiff is eligible to file a lawsuit individually or as part of an action class. In certain cases lawyers may be able to start a lawsuit for birth injuries in the context of multidistrict litigation (MDL). Fill out the form below for a confidential and free consultation with an attorney.

Representation

Modern technology and recent advances in medical technology may have decreased the risk of complications occurring during pregnancy and childbirth, however they're still not completely eliminated. When a birth defect or injury occurs and the cause was preventable parents can seek legal action to cover costs associated with treatment.

Medical negligence claims are typically based on a doctor's failure diagnose or treat an illness. A doctor might fail to perform an ultrasound or make a mistake in surgery, leading to birth defects such as spina bifida. Birth defects can be caused by improper medication that is taken by the mother, or exposure to chemicals and other environmental hazards during the baby's development during the womb.

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

Contact a birth defect lawyer now if you believe your child's birth defect or birth injury was caused by medical negligence or malpractice during pregnancy or labor. A lawyer can help discover your options and file a claim before the deadline for filing a claim expires. A lawyer might also be able to negotiate an agreement on your behalf with the parties accountable for your infant's injury.