How to File a Birth Defect Lawsuit

Modern medical technology and medicine have drastically reduced the risk of childbirth. Birth defects or injuries occur often.

A birth defect lawsuit seeks to recover for your child's medical expenses, educational costs, and other expenses. You must prove that the medical professional in question did not follow the standard of care prior to or during the birth or delivery.

Damages

Pregnancy is one of the most exciting and stressful times in a parent's life. Parents want their children to be perfect and doctors do everything possible to prevent birth defects. Medical negligence and inattention can increase the risk of birth defects and injuries. If this happens families that are shocked should consider seeking justice through a birth defect lawsuit.

A successful birth defect lawsuit can result in damages for a multitude of different things. This can include pain and suffering for the victim as well as loss of consortium, medical costs, as well as loss of earning capacity. The amount of compensation the victim will be awarded is contingent on the severity of the child's medical condition and how much it has affected their standard of life.

Environmental exposures can lead to birth defects and birth injuries. Studies have revealed that pesticides, such as fungicides and lead as well as 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 against pharmaceutical companies that have made products that cause birth defects in fetuses like DES.

If you suspect that your child's birth defect, or birth injury was caused by medical malpractice, you should consult a skilled birth defect lawyer as quickly as you can. In some states, you only have one year to file a lawsuit against medical malpractice. If you wait, it could mean that your child will not receive the justice they deserve.

Statute of Limitations

A statute of limitation is a law that sets the deadline for an individual to file a civil lawsuit. Anyone who fails to meet a deadline will lose the right to pursue a defendant for damages. Birth injury claims can be more complex in terms of the time limit than other medical malpractice claims.

A lawsuit is typically brought against the hospital or doctor that caused an injury to an individual during labor and delivery. These cases can be referred to birthing injury suits or wrongful birth lawsuits however Florida's laws permit parents to file a malpractice lawsuit for the death of an infant.

To prove medical malpractice, the party who suffered must prove that the doctor at fault didn't adhere to the standards of care and consideration required by a different health care provider in similar circumstances. This includes failing to recognize serious conditions like low oxygen levels in childbirth that can cause cerebral palsy and brain damage.

The first step in filing a birth defect lawsuit is to reach a skilled attorney. Most attorneys offer free consultations to potential clients. If an attorney is convinced that the claim of a client is legitimate they will go over the medical records of the client and hire experts to assess the claims. They will also assist with the preparation of documents and file the medical malpractice lawsuit in time.

Expert Witnesses

In cases which involves birth injuries, it is essential to have medical experts that can explain to jurors the medical procedures and practices. Expert witnesses can be difficult to work with as they have to carefully review huge amounts of evidence and make decisions based on evidence rather than opinions. They must also be willing to testify on things that may contradict their beliefs.

In the Daubert Case, the plaintiffs' expert suggested that Bendectin is the reason for the birth defect of their child. The judge ruled that the evidence was "at the cutting edge of scientific research where fact meets theories, and certainty dissolves into probabilities." However the judge did not believe there was enough proof that Bendectin caused birth defects.

The Daubert ruling was a setback for birth defect Lawyers the plaintiffs, who had suing pharmaceutical companies to win justice. There are many avenues for an injured party to seek a legal action over a birth defect.

A Philadelphia birth defect lawyer can advise victims about whether they are eligible for an opportunity to file a claim. A lawyer can determine whether an individual plaintiff is eligible to file a suit on their own or as part of a class action. In certain instances a lawyer may start a lawsuit for birth injuries in the context of multidistrict litigation (MDL). Complete the form below to receive a private and free consultation with an attorney.

Representation

Modern technology and recent advancements in the medical field may have decreased the risk of complications occurring during pregnancy and childbirth, however they're not completely eliminated. Parents may pursue legal action if they suffer a birth defect or Birth Defect Lawyers birth injury occurs, and the cause could have been prevented.

Medical negligence claims are often based on a doctor's failure diagnose or treat a condition. A doctor may fail to diagnose an ultrasound or make a mistake in surgery, leading to birth defects like spina bifida. Birth defects can be caused by a wrong medication taken by the mother or exposure to chemicals and other environmental dangers during the child's development in the womb.

A birth defect can affect any part of a newborn's body. It can affect their health, function and appearance. In some cases the birth defect could dramatically reduce a child's lifespan or result in significant medical expenses.

Contact an attorney for birth defects now if you believe the birth injury or defect was caused by medical negligence or carelessness during labor or birth. A lawyer can assist you understand your options and make a claim before the statute of limitations expires. A lawyer can also negotiate a settlement with the parties responsible for the injury suffered by your child.