How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have greatly reduced the risks associated with childbirth. However, birth defects or injury is still a common occurrence.

A birth defect lawsuit seeks compensation for medical expenses of your child education costs, as well as other expenses. To pursue such an action, you must prove that medical professionals did not meet the standard of care prior to or during pregnancy, or delivery.

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 work to do everything they can to prevent birth defects from occurring. Inattention to medical issues and negligence can increase the risk of birth defects and injuries. When this happens, a stunned family may want to seek justice through a birth defect lawsuit.

A successful birth defect suit could result in damages for racine birth defect law firm many different things. This includes 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 victim receives will depend on the severity of their child's condition and the extent that it has affected with their daily life.

Birth defects and birth injuries can be caused by a variety of factors, including exposure to environmental factors. Studies have shown that certain chemicals, such as pesticides, fungicides and lead, as well paints and heavy metals can increase the risk of birth defects. Birth defect lawyers have brought suits against businesses that have exposed workers to these harmful chemicals, and also against pharmaceutical companies that have developed drugs that could cause birth defects in fetuses, such as DES.

If you suspect that your child's birth defect, or birth injury is the result of medical malpractice, you should consult a reputable Racine Birth Defect Law Firm defect lawyer as soon as possible. In some states, you are given one year to file a lawsuit claiming medical malpractice. If you wait, it could mean that your child will not receive the justice they deserve.

Statute of limitations

A statute of limitations is a law that establishes how long a person has to file a civil claim. If a person misses the deadline, they will lose the right to collect damages from the defendant. Birth injury cases may have more complex statutes of limitations than other types of medical malpractice claims.

A lawsuit is usually brought against the doctor or hospital that caused an injury to an individual during labor and delivery. These cases are often known as birthing injury lawsuits or wrongful birth suits, although Florida's laws allow parents to make a claim for medical malpractice for an infant's death.

In a lawsuit for medical malpractice the victim must prove that the doctor at fault failed to adhere to the expected level of care and consideration that other health care providers would have applied in similar circumstances. This includes not being able to identify a serious illness, such as low levels of oxygen in the childbirth process that can cause cerebral palsy or brain damage.

A qualified attorney should be the first step in filing a lawsuit for birth defects. The majority of lawyers offer free consultations for potential clients. If an attorney believes the claim of a client is legitimate they will examine the medical documents of the client and then hire experts to analyze the records. They will also help prepare documents and file the medical malpractice lawsuit on time.

Expert Witnesses

In cases involving birth injuries, it's essential to have medical experts that can explain to a jury the medical practices and procedures. Expert witnesses can be difficult because they must carefully examine the vast amount of information to make decisions based on fact rather than opinion. Additionally, they must be able to testify regarding information that might contradict their opinions.

In the Daubert case the plaintiffs' experts suggested that Bendectin contributed to birth defects in their child. The judge found that the evidence was on the "cutting edge of scientific research, where fact meets theory and certainty dissolves into probabilities." However the judge did not believe there was enough evidence to support the claim that Bendectin doubled a baby's risk of developing birth defects.

The Daubert decision was a blow to plaintiffs who had sued pharmaceutical companies in the hope of obtaining justice. Nonetheless, there are still many avenues for an injured person can pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer can assist victims on whether they have an opportunity to file a claim. Lawyers can assist victims determine if they're eligible to file a lawsuit as an individual or a class action. In certain situations, a lawyer can bring a birth injury lawsuit as part of a multidistrict litigation (MDL). Complete the form below to receive a confidential and free consultation with an attorney.

Representation

Modern technology and recent advancements in medical technology may have decreased the chance of complications arising during pregnancy and childbirth but they're still not completely eliminated. When a birth defect or injury occurs and the cause was preventable parents may seek legal action to recover the costs associated with treatment.

Medical negligence claims often result from a doctor's inability to identify or treat a problem. For instance, a doctor could neglect to perform an ultrasound test or make mistakes during surgery, which could result in a birth defect like spina bifida. Birth defects can be caused by the wrong medication that is taken by the mother, or exposure to chemicals and other environmental dangers that can affect the development of the baby during the womb.

A birth defect could affect any part of the body of a newborn and affect their health, appearance and function. In some cases, a birth defect can severely reduce a baby's life expectancy or lead to a significant amount of medical costs.

If you suspect that the birth defect or injury was due to negligence or medical malpractice during labor or pregnancy get in touch with a reputable birth defect lawyer today. A lawyer can assist you identify your options and submit a claim before the deadline for filing a claim expires. A lawyer might also be capable of negotiating a settlement on your behalf with the parties responsible for the injuries your infant sustained.