A Step-By-Step Guide To Birth Defect Claim From Beginning To End

How to File a Birth Defect Lawsuit

Modern medical technology and medicine have drastically decreased the risks of childbirth. Birth defects or injuries still occur often.

A birth defect lawsuit seeks compensation for your child's medical expenses as well as educational costs and other losses. You must prove that the medical professional you are suing breached the standard of treatment prior to or during the birth or delivery.

Damages

Pregnancy can be one of the most exciting, yet nerve-wracking experiences during the lifetime of a parent. Parents want their children to be perfect, and doctors do everything to prevent birth defects. Unfortunately, negligence and carelessness on the part of medical practitioners can increase the chance of birth injuries and defects. When this occurs an astonished family should consider seeking justice through a birth defect lawsuit.

A successful birth defect lawsuit can result in damages for a number of different things. This can include pain and suffering for the victim as well as loss of consortium and medical expenses, in addition to lost earning capacity. The amount of damages a victim receives will depend on the severity of their child's illness and the extent to which it has interfered in their quality of life.

Environmental exposures can cause birth injuries and birth defects. Studies have shown that pesticides like lead and fungicides and heavy metals, paints, and heavy metals, may increase the risk of birth defects. Birth defect lawyers have filed lawsuits against companies that have exposed workers to harmful chemicals, and against pharmaceutical companies who have manufactured drugs that could cause birth defects in fetuses such as DES.

If you suspect that medical negligence caused the birth injury or birth defect, you should consult a lawyer for birth defects immediately. In certain states, you only have one year to file a suit for birth defect lawsuit medical malpractice. If you delay, it could mean that your child will never get the justice they deserve.

Statute of Limitations

A statute of limitations is a law that sets the deadline for a person to file a civil lawsuit. Anyone who fails to meet a deadline loses the right to pursue a defendant for damages. Birth injury cases can have more complicated statutes of limitations than other types of medical malpractice claims.

A lawsuit is usually filed against the doctor or hospital that caused injuries to a patient during labor and delivery. These cases are commonly called birthing injuries lawsuits or wrongful birth suits though Florida's laws allow parents to make a claim for medical malpractice in the event of a baby's death.

In a medical malpractice case, the injured party 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 failing to diagnose a serious condition for example, low levels of oxygen in the childbirth process which can cause brain damage and cerebral palsy.

The first step to file a birth defect lawsuit is to speak with a skilled attorney. A majority of attorneys offer free consultations for potential clients. If an attorney believes that a client's claim is valid they will examine the medical records of the client and employ experts to assess the records. They will also assist in preparing documents and file the medical malpractice lawsuit on time.

Expert Witnesses

In a case involving birth injuries, it is important to have experts who can explain medical practices and procedures to a jury. Expert witnesses can be difficult because they must scrutinize an extensive amount of information to be able make decisions that are based on evidence rather than opinions. They also have to be willing to testify on facts that might contradict their beliefs.

In the Daubert case, the plaintiffs' experts argued that Bendectin contributed to birth defects for their child. The judge ruled that the evidence was "at the cutting-edge of scientific research where fact meets theories and certainty transforms into probabilities." However the judge was not convinced there was enough evidence that Bendectin caused birth defects.

The Daubert ruling was a setback to the plaintiffs, who had sued pharmaceutical companies to try and achieve justice. There are various ways in which an injured person could pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer can assist victims on whether they have a claim. A lawyer can decide if the plaintiff is able to file a suit on their own or as part of a class action. In certain instances, a lawyer can bring a birth injury lawsuit in the context of multidistrict litigation (MDL). To begin, fill out the form on this page for the opportunity to have a no-cost and confidential consultation with a qualified attorney.

Representation

Modern technology and recent advances in the field of medicine could have decreased the risk of complications that can occur during pregnancy and childbirth, but they're not completely eliminated. If a birth defect injury occurs and the cause was preventable parents may pursue legal action to recover the costs associated with treatment.

Medical negligence cases typically stem from a doctor's failure to diagnose or treat a condition. A doctor may fail to conduct an ultrasound or make a mistake in surgery, resulting in birth defects, such as spina bifida. Other causes that can lead to a birth defect lawsuit include improper medication for the mother or exposure to chemicals or other environmental dangers while the baby is developing in the womb.

A birth defect can affect any part of the body of a baby and affect their health, function and appearance. In some instances birth defects can decrease the lifespan of a baby or result in major medical expenses.

If you think your child's birth defect or injury was due to medical malpractice or negligent care during pregnancy or labor seek out a qualified birth defect attorney today. A lawyer can help explain your options and assist you to file a claim prior to the statute of limitations expiring. A lawyer might also be capable of negotiating settlements on your behalf with the parties responsible for your child's injuries.