The Reasons Birth Defect Claim Isn t As Easy As You Think

How to File a Birth Defect Lawsuit

Modern medicine and technology have greatly reduced the risks of childbirth. However, birth defects or injury can still happen frequently.

A birth defect lawsuit seeks reimbursement for medical expenses of your child as well as educational costs and other losses. You must prove that the medical professional you are suing has violated the standard medical care prior to or during the pregnancy or birth.

Damages

Pregnancy can be one of the most exciting yet nerve-wracking events during the lifetime of a parent. Parents want their babies to be perfect, and doctors strive to do everything possible to stop birth defects from occurring. Unfortunately, carelessness and negligence on the part of medical professionals can increase the risk of birth injuries and defects. In the event of this happening families that are shocked may want to seek justice through a birth defect lawsuit.

A successful birth defect suit could result in damages for many different things. This can include pain and suffering for the victim along with loss of consortium and medical expenses, not to mention lost earning capacity. The amount of damages a victim receives will depend on the degree of their child's health and the extent to which it has interfered in their quality of life.

Environmental exposures can result in birth defects and birth injuries. Studies have proven that pesticides, including lead and fungicides as well as paints, heavy metals and heavy metals, may increase the risk of birth defects. Birth defect lawyers have filed suits against companies that exposed workers to these toxic chemicals, as well against pharmaceutical companies that have developed drugs that could cause birth defects in fetuses like DES.

If you think your child's birth defect or injury was caused by medical malpractice, it is important to consult a reputable birth defect lawyer as quickly as you can. In some states, you only have one year to file a medical negligence suit, and if you wait longer than that could result in losing your chance to obtain the justice you need for your child's injuries.

Statute of limitations

A statute of limitation is a law that defines the deadline for someone to file a civil lawsuit. A person who misses the deadline will lose the right to seek damages from a defendant. Birth injury cases could have more complicated statutes of limitations than other kinds of medical malpractice claims.

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

In a lawsuit for medical malpractice the victim must prove that the doctor at fault did not follow the standard of care and consideration another health care provider would have followed in similar circumstances. This could include failing to recognize serious conditions like low levels of oxygen in the childbirth process which can lead to cerebral palsy and brain damage.

The first step to file a birth defect lawsuit is to contact an experienced attorney. The majority of lawyers offer free consultations and case reviews to potential clients. If an attorney is convinced that the claim of a client is valid, they will review the medical records of the client and then hire experts to assess them. They can also assist in the preparation of documents and filing the medical malpractice lawsuit within time.

Expert Witnesses

In cases involving birth injuries, it's essential to be able to have medical experts explain to jurors the medical procedures and practices. Expert witnesses can be difficult since they have to carefully review a large amount of information to make decisions that are based on evidence rather than opinion. They should also be prepared to testify on evidence which may contradict their position.

In the Daubert Case the plaintiffs' expert argued that Bendectin caused their child's birth defect. The judge concluded that the evidence was "at the cutting-edge of research in science where fact meets theories and certainty transforms into probabilities." However, he did not believe there was sufficient evidence to prove that Bendectin caused birth defects.

The Daubert ruling was a setback for the plaintiffs, Birth Defect lawyer who had suing pharmaceutical companies to achieve justice. There are many avenues for an injured party may pursue a lawsuit for birth defects.

A Philadelphia birth defect lawyer can advise victims about whether they have a claim. Lawyers can assist plaintiffs determine if they are eligible to file a lawsuit on their own or a class action. In certain cases lawyers can start a lawsuit for birth injuries as part of a multidistrict litigation (MDL). To begin by filling out the form on this page for an initial consultation for free and confidential with a licensed attorney.

Representation

Modern technology and recent advances in medicine may have reduced the chance of complications occurring during pregnancy and childbirth, but they are not completely eliminated. If a birth defect, or injury occurs, and the cause was preventable parents may seek legal action to cover costs related to treatment.

Medical negligence claims typically stem from a doctor's failure to recognize or treat a problem. A doctor might fail to perform an ultrasound or make a mistake in surgery, leading to a birth defect such as spina bifida. Other common causes of birth defect lawsuits include insufficient medication for the mother or exposure to chemicals or other environmental hazards as the baby develops in the womb.

A birth defect can affect any part of a newborn's body and affect their health, functioning and appearance. In some instances birth defects can drastically reduce a baby's life expectancy or lead to a significant amount of medical expenses.

Contact a birth defect lawyer immediately if you believe your child's birth defect or injury was caused by medical negligence or carelessness during labor or birth. A lawyer can assist you discover 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 injuries suffered by your child.