How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have significantly reduced the risk of birth. Birth defects or injuries still occur often.

A birth defect lawsuit seeks to recover for medical expenses of your child or educational costs, among other expenses. You must prove that the medical professional involved has violated the standard medical treatment during or prior to pregnancy or delivery.

Damages

Pregnancy is one of the most exciting and stressful moments in the life of a mother. Parents want their babies to be perfect, and doctors strive to do all they can to prevent birth defects from occurring. Medical negligence and carelessness can increase the risk for birth defects and injuries. When this happens families that are shocked may want to seek justice through a birth defect lawsuit.

A successful birth defect lawsuit can result in damages for a range of different things. This can include the pain and suffering and loss of consortium, medical expenses and lost earning capacity. The amount of damages that a victim will receive depends on the severity of the child's medical condition and Birth defect lawsuit how it has affected their quality of life.

Birth injuries and birth defects can be caused by a variety of causes that include environmental exposures. Research has shown that certain chemicals, such as pesticides, fungicides, lead, paints and heavy metals can increase the chance of birth defects. Birth defect lawyers have filed lawsuits against companies that have exposed workers to these harmful chemicals, and against pharmaceutical companies that have produced drugs that can cause birth defects in fetuses, like DES.

If you suspect that medical malpractice caused the birth injury of your child or birth defect, you must consult a lawyer for birth defects immediately. 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 never receive the justice they deserve.

Statute of Limitations

A statute of limitations is a law which defines the time limit for a person to file a civil action. If a person misses the deadline, they will lose their right to recover damages from a defendant. Birth injury cases may 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 injury to an individual during labor and delivery. These cases are usually called birthing injuries lawsuits or wrongful birth suits, however Florida's laws permit parents to file a medical malpractice suit in the event of a baby's death.

In a medical malpractice lawsuit the victim must prove the at-fault doctor did not adhere to the standard of care and consideration another medical professional would have followed in similar circumstances. This includes not being able to identify a serious condition such as low oxygen levels during childbirth that result in cerebral palsy or brain damage.

The first step in filing a birth defect lawsuit is to speak with an experienced attorney. The majority of lawyers offer free consultations for potential clients. If the lawyer believes that a client has a valid case, they will look into medical records and hire expert witnesses to assess the case. They will also help prepare documents and file the medical malpractice suit on time.

Expert Witnesses

In cases that involves birth injuries, it's essential to have medical experts that can explain to jurors the medical practices and procedures. Expert witnesses can be difficult as they must carefully examine a vast amount of data to be able to make decisions that are based on evidence rather than opinion. They should also be prepared to testify on facts which may contradict their opinions.

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 scientific research, where science meets theories and the certainty is transformed into probabilities." However, he did not believe there was enough evidence that Bendectin caused birth defects.

The Daubert decision was a setback to plaintiffs who had filed a lawsuit against pharmaceutical companies the hope of obtaining justice. Nonetheless, there are still many ways that an injured person could pursue a birth defect lawsuit - vimeo.com,.

A Philadelphia birth defect attorney can help victims determine if they have a case. Lawyers can assist plaintiffs determine if they are eligible to file an individual lawsuit or a class action. In certain cases lawyers may be able to make a birth injury claim as part of multidistrict litigation (MDL). Complete the form below for a confidential and free consultation with an attorney.

Representation

Although the latest technology and advancements in the medical field have greatly reduced the risk of complications during pregnancy and childbirth However, they aren't eliminated. Parents can seek legal action if they suffer a birth defect or birth injury occurs, and the reason could have been avoided.

Medical negligence claims typically stem from a doctor's failure to identify or treat a problem. Physicians may fail to diagnose an ultrasound or make a mistake during surgery, resulting in birth defects such as spina bifida. Other causes for a birth defect lawsuit include an ineffective 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 a newborn's body, and impact their health, function and appearance. In some instances, a birth defect can significantly diminish a baby's life expectancy or result in significant medical costs.

If you suspect the birth defect or injury was caused by medical malpractice or negligent care during pregnancy or labor seek out a qualified birth defect attorney today. A lawyer can provide you with your options and help make a claim before the deadline for filing. A lawyer can also negotiate an agreement with the parties accountable for the injury of your child.