How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have significantly reduced the risks associated with birth. Birth defects or injuries continue to occur frequently.

A birth defect lawsuit seeks reimbursement for medical expenses of your child or educational costs, among other losses. To be able to file a claim, you must establish that medical professionals violated the standard of medical care prior to or during pregnancy, or delivery.

Damages

Pregnancy is among the most exciting and nerve-wracking moments in the life of a mother. Parents want their babies perfect and doctors do everything possible to prevent birth defects. Unfortunately, carelessness and negligence on the part of medical practitioners can increase the risk of birth injuries and defects. Families who are shocked by this news should think about suing for a birth defect.

A successful birth defect suit could 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 a person suffers will depend on the severity of their child's illness and the extent to which it has impacted with their quality of life.

Environmental exposures can result in birth injuries and birth defects. Studies have proven that certain chemicals such as pesticides, fungicides, lead, paints, and heavy metals can increase the likelihood of birth defects. Birth defect lawyers have filed lawsuits against companies that exposed their workers to harmful chemicals as well as pharmaceutical companies that manufacture drugs such as DES that can cause birth defects in fetuses.

If you suspect that your child's birth defect, or birth injury is the result of medical negligence, you must consult a skilled birth defect lawyer as quickly as you can. In certain states, there's only one year to file a medical malpractice suit, and waiting any longer than that could mean losing the chance to receive the justice you are due for the injury your child sustained.

Statute of Limitations

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

A lawsuit is usually filed against the doctor or hospital who caused injury to an individual during labor and birth. These cases are often referred to as birthing injury lawsuits or wrongful spotswood birth defect attorney suits though Florida's laws allow parents to bring a medical malpractice lawsuit to bring a child's death.

In a lawsuit for medical malpractice the victim must prove the at-fault doctor did not adhere to the standards of care and consideration that other health care providers would have used in similar circumstances. This could include failing to recognize a serious condition such as low oxygen levels during childbirth that can cause cerebral palsy and brain damage.

Contacting a qualified attorney is the first step to filing a lawsuit for birth defects. Many attorneys provide free consultations to potential clients. If an attorney believes that the client's claim is legitimate they will go over the medical documents of the client and employ experts to review the claims. They will also assist in preparing documents and file the medical malpractice suit within time.

Expert Witnesses

In a case involving birth injuries it is essential to have experts who can explain medical procedures and practices to jurors. Expert witnesses can be difficult to testify because they have to carefully review a vast amount of data to make decisions based on fact rather than opinion. Furthermore, they should be willing to testify about facts that could contradict their positions.

In the Daubert Case, the plaintiffs' expert believed that Bendectin was the cause of the birth defect of their child. The judge concluded that the evidence was at the "cutting edge of research in science, where reality meets theory and certainty dissolves into probability." However, the judge did not believe there was enough evidence that Bendectin increased the chance of developing birth defects.

The Daubert ruling was a setback for the plaintiffs, who had filed a lawsuit against pharmaceutical companies to try and get justice. There are many ways for an injured party to bring a lawsuit based on a birth defect.

A Philadelphia birth defect attorney can assist those suffering from birth defects to determine if they have a case. A lawyer can help plaintiffs determine if they are qualified to file a personal lawsuit or a class action. In some cases a lawyer may make a birth injury claim as part of multidistrict litigation (MDL). To begin you must fill out the form below for a a free and confidential consultation with a licensed lawyer.

Representation

Modern technology and recent advances in the field of medicine could have reduced the risk of complications occurring during pregnancy and childbirth, however they are not completely eliminated. When a birth defect or injury occurs, and the cause was preventable, parents can pursue legal action to cover costs associated with treatment.

Medical negligence claims are usually due to a doctor's failure to identify or treat an illness. A doctor may fail to diagnose an ultrasound or make a mistake during surgery, leading to a birth defect such as spina bifida. Birth defects can also be caused by improper medication taken by the mother, or exposure to chemicals or other environmental dangers during the child's development during the womb.

A birth defect may affect any part of the body of a newborn which can affect their appearance, birth defect health and function. In certain cases birth defects can decrease the lifespan of a baby or result in significant medical costs.

Contact an attorney for birth defects today if you suspect that your child's birth defect or birth injury was the result of medical negligence or carelessness during labor or birth. A lawyer can assist you in understanding your options and birth defect assist you to submit a claim prior to the statute of limitations expiring. A lawyer might also be able to negotiate the settlement on your behalf with the responsible parties for the injury to your child.