Birth Defect Claim 101: A Complete Guide For Beginners

How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have drastically reduced the risk of childbirth. Birth defects or Birth defect Lawsuit injuries continue to occur often.

A birth defect lawsuit seeks reimbursement for your child's medical expenses education costs, as well as other losses. You must prove that the medical professional in question has violated the standard medical care during or before the birth or during pregnancy.

Damages

Pregnancy is one of the most exciting and stressful experiences a parent can experience. Parents want their children to be perfect, and doctors try 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 birth defects. When this happens the family of the victim may want to seek justice through a birth defect lawsuit.

A successful birth defect lawsuit may result in damages for a multitude of different things. This can include pain and suffering for the victim as well as loss of consortium and medical expenses, not to mention loss of earning capacity. The amount of damages a person suffers will depend on the severity of their child's condition and the extent to which it has impacted with their quality of life.

Birth injuries and birth defects can be caused by a number of causes which include exposure to environmental factors. Studies have proven that certain chemicals, like fungicides, pesticides lead, heavy metals and paints can increase the chances of birth defects. Birth defect lawyers have filed lawsuits against companies that exposed employees to harmful chemicals, as well as pharmaceutical companies that produce drugs such as DES that can cause birth defects in fetuses.

If you suspect that medical malpractice caused your child's birth injury or birth defect, it is recommended to consult a lawyer for birth defects immediately. In certain states, there is only one year to file a medical negligence lawsuit, and waiting more than that may mean losing your chance of getting the justice you need for your child's injuries.

Statute of limitations

A statute of limitation is a law which establishes the deadline for filing a civil lawsuit. If a person misses the deadline, they lose the right to claim damages from a defendant. Birth injury cases could have more complicated statutes of limitations than other types of medical malpractice claims.

A lawsuit is usually filed against the doctor or the hospital who caused the patient's injuries during labor and birth. These cases can be referred to birthing injury lawsuits 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 lawsuit for medical malpractice, the injured party must prove that the doctor at fault failed to adhere to the standards of care and consideration other health care providers would have used in similar circumstances. This includes failing to recognize a serious condition like low levels of oxygen during childbirth that can cause cerebral palsy and brain damage.

The first step in filing a birth defect lawsuit is to reach a skilled attorney. Many attorneys provide free consultations and case reviews for prospective clients. If the attorney believes a client has a valid claim, they will look over medical records and employ expert witnesses to assess them. They will also assist in preparing documents and filing the medical malpractice lawsuit within time.

Expert Witnesses

In a case involving birth injuries, it is vital to have medical experts who are able to explain to jurors the medical practices and procedures. Expert witnesses can be difficult to work with because they must be able to scrutinize massive quantities of information and be able to make decisions based on evidence rather than their opinions. They also have to be willing to testify on evidence that might contradict their position.

In the Daubert case the plaintiffs' experts suggested that Bendectin contributed to birth defects for their child. The judge ruled that the evidence was "at the forefront of scientific research, where science meets theories and the certainty is transformed into probabilities." However the judge was not convinced there was enough evidence to conclude that Bendectin caused birth defects.

The Daubert ruling was a setback for plaintiffs, who had suing pharmaceutical companies to obtain justice. However, there are various ways in which an injured person could pursue a birth defect lawsuit.

A Philadelphia birth defect law firms defect lawyer can provide victims with advice about whether they are eligible for a right to sue. Lawyers can determine if the plaintiff is eligible to file a lawsuit individually or as part of an action class. In certain cases a lawyer may start a lawsuit for birth injuries in the context of multidistrict litigation (MDL). Please fill out the form below to receive a private and free consultation with an attorney.

Representation

Although the advancements in technology and advancements in the medical field have greatly reduced the risk of complications during childbirth and pregnancy, they are not entirely eliminated. If a birth defect, or injury occurs and the cause was preventable, parents may pursue legal action to cover the costs associated with treatment.

Medical negligence claims usually result from a doctor's inability to recognize or treat a problem. Physicians may not perform an ultrasound or make a mistake in surgery, leading to birth defects, such as spina bifida. Other causes that can lead to a birth defect lawsuit 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 the body of a baby and affect their health, function and appearance. In some instances birth defects may reduce the lifespan of a baby or result in major medical expenses.

Contact a birth defect lawyer immediately if you believe the birth injury or defect was the result of medical negligence or malpractice during pregnancy or labor. A lawyer can help explain your options and help file a claim prior to the statute of limitation expiring. A lawyer can also negotiate a settlement with the parties accountable for the injury suffered by your child.