How to File a Birth Defect Lawsuit

Modern medical and technological advances have significantly reduced the risk of childbirth. But, a birth defect or injury still occurs frequently.

A birth defect lawsuit seeks to recover for your child's medical expenses education costs, as well as other losses. You must prove that the medical professional who was involved has violated the standard 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 children to be perfect, and doctors do everything to prevent birth defects. However, carelessness and negligence on the part of medical professionals can increase the chance of birth defects and injuries. A family that is stricken by this circumstance should think about seeking legal action for a birth defect.

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

Environmental exposures can cause birth defects and birth injuries. Studies have revealed that pesticides, such as fungicides and lead and heavy metals, paints, and heavy metals, can increase the risk of birth defects. Birth defect lawyers have brought suits against businesses that have exposed workers to harmful chemicals, and against pharmaceutical companies that have made drugs that can cause birth defects in fetuses, such as DES.

If you think your child's birth defect, or birth injury was caused by medical malpractice, it is important to seek out a skilled birth defect lawyer as quickly as possible. In certain states, you are given one year to file a lawsuit claiming medical malpractice. If you put off filing a lawsuit for a longer period this could mean that your child will not receive the justice they deserve.

Statute of limitations

A statute of limitations is a law that defines the deadline for a person to file an action in civil court. A person who misses a deadline loses the right to claim damages against a defendant. Birth injury cases may have more complicated statutes of limitations than other kinds of medical malpractice claims.

A lawsuit is typically filed against the hospital or doctor that caused an injury to the patient during labor and delivery. These cases can be referred to as birthing injury suits or wrongful birth lawsuits however, Florida's laws allow parents to file a malpractice suit in the event of the death of a child.

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

Finding a reputable attorney is the first step to filing a lawsuit against birth defects. Most attorneys offer free consultations and case reviews to potential clients. If the attorney is convinced that a client has a valid claim, they will review medical records and hire experts to evaluate them. They can also assist in the preparation of documents and file the medical malpractice suit within time.

Expert Witnesses

In a case involving a birth injury it is essential to have experts who can explain medical procedures and practices before a jury. Expert witnesses can be difficult to work with since they have to carefully review huge amounts of information and make decisions based on evidence rather than their opinions. Furthermore, they should be willing to testify about things that may contradict their beliefs.

In the Daubert case, the plaintiffs' experts suggested that Bendectin was the cause of birth defects in their child. The judge ruled that the evidence was "at the forefront of scientific research, where evidence meets theories and certainty transforms into probabilities." However, he did not believe there was enough proof that Bendectin caused birth defects.

The Daubert decision was an affront to plaintiffs who had filed lawsuits against pharmaceutical companies in an attempt to get justice. There are numerous avenues for a victim to seek a legal action over a birth defect.

A Philadelphia birth defect attorney will assist the victims to determine whether they're eligible for a claim. A lawyer can determine if the plaintiff is able to file a suit on their own or as part of an action class. In certain cases attorneys can file a lawsuit for birth injury as part of a multidistrict litigation. Please fill out the form below to receive a confidential and free consultation with an attorney.

Representation

Modern technology and recent advances in the medical field may have reduced the chance of complications arising during pregnancy and childbirth, but they're not entirely eliminated. If a birth defect injury occurs, and the cause was preventable parents can seek legal action to cover the costs associated with treatment.

Medical negligence claims are usually caused by a doctor's inability to diagnose or treat a condition. For example, a physician may not perform an ultrasound screening or make an error during surgery, which could result in a birth defect similar to spina bifida. Birth defects can be caused by improper medication that is taken by the mother or exposure to chemicals and other environmental dangers during the development of the baby 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 cases the birth defect could drastically reduce a baby's lifespan or result in a significant amount of medical expenses.

If you suspect the birth defect or injury is the result of negligence or medical malpractice during pregnancy or labor seek out a qualified birth defect lawyer today. A lawyer can provide you with your options and help you make a claim prior the deadline for filing. A lawyer can also negotiate a settlement with the parties accountable for the injuries suffered by your child.