How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have drastically reduced the risk of birth. However, birth defects or injury can still happen frequently.

A birth defect lawsuit seeks to recover for medical expenses of your child or educational costs, among other losses. You must prove that the medical professional in question violated the standard care prior to or during the birth or delivery.

Damages

Pregnancy can be one of the most exciting yet nerve-wracking experiences in the life of a parent. Parents want their babies perfect, and doctors do their best to avoid birth defects. Unfortunately, carelessness and negligence on the part of medical professionals can increase the risk of birth injuries and defects. Families who are shocked by this news should think about taking legal action to remedy a birth defect.

A successful birth defect lawsuit can result in damages for a variety of different things. This includes pain and suffering for the victim, loss of consortium and medical expenses, as well as lost earning capacity. The amount of damages a victim will receive depends on the degree of the child's health, and birth defect law firms how much it has affected their quality of life.

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

If you think your child's birth defect or birth defect attorneys injury is the result of medical malpractice, you should consult a reputable birth defect lawyer as soon as possible. In certain states, you have only one year to file a lawsuit claiming 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 which defines the time frame for which a person has to file a civil suit. If a person fails to meet an expiration date will lose the right to pursue a defendant for damages. Birth injury cases can have a more complicated time limit than other medical malpractice claims.

A lawsuit is usually filed against the hospital or doctor who caused injury to patients during labor or delivery. These cases are sometimes called birthing injury lawsuits or wrongful birth lawsuits although Florida's laws permit parents to file a malpractice lawsuit for the death of a baby.

To prove medical malpractice, the injured party will need to show that the doctor responsible was not able to meet the standard of care or consideration expected by another health medical professional in similar circumstances. This includes failing to diagnose an illness that is serious, such as low levels of oxygen in the childbirth process that cause brain damage and cerebral palsy.

Finding a reputable attorney is the first step to filing a lawsuit for birth defect attorneys defects. The majority of lawyers offer free consultations and case reviews to potential clients. If an attorney believes the claim of a client is valid they will examine the medical records of the client and hire experts to analyze the evidence. They will also help prepare documents and file the medical malpractice suit on time.

Expert Witnesses

In a case involving birth injuries it is essential to have experts who can explain medical practices and procedures before a jury. Expert witnesses can be difficult to work with as they must scrutinize huge quantities of information and be able to make decisions based upon facts rather than opinions. They must also be able to testify regarding facts that might conflict with their opinions.

In the Daubert Case the plaintiffs' expert claimed that Bendectin caused the birth defect of their child. The judge ruled that the evidence was at the "cutting edge of scientific research, where evidence meets theory and the certainty transforms into probabilities." However the judge did not consider there was enough evidence to support the claim that Bendectin doubled a baby's risk of developing birth defects.

The Daubert ruling was a setback for plaintiffs, who had filed a lawsuit against pharmaceutical companies to try and get justice. There are many avenues an injured person can seek a legal action over a Birth Defect Law Firms defect.

A Philadelphia birth defect attorney can assist those suffering from birth defects to determine whether they have a case. A lawyer can determine if a plaintiff is eligible to file a lawsuit individually or as part of a class action. In certain instances a lawyer may bring a birth injury lawsuit in the context of multidistrict litigation (MDL). To begin, fill out the form here for an initial consultation for free and confidential with a licensed attorney.

Representation

Although the latest technology and advances in the field of medicine have drastically reduced the chance of complications during pregnancy and childbirth but they aren't completely eliminated. If a birth defect or injury occurs, and the cause could have been avoided, parents may pursue legal action to cover the costs associated with treatment.

Medical negligence claims typically stem from a doctor's failure to properly diagnose or treat a problem. For instance, a doctor may fail to conduct an ultrasound examination or make an error during surgery, which could result in a birth defect, such as spina bifida. Other causes that can lead to a birth defect lawsuit comprise insufficient medication for the mother or exposure to chemicals or other environmental hazards when the baby develops in the womb.

A birth defect could affect any part of the body of a newborn, affecting their health, appearance and functioning. In some instances, a birth defect can drastically reduce a baby's life expectancy, or cause significant medical costs.

Contact a birth defect lawyer now if you believe your child's birth defect or injury was the result of medical negligence or carelessness during labor or birth. A lawyer can help you determine your options and file a claim before the deadline for filing a claim expires. A lawyer might also be able to negotiate a settlement on behalf of you with the parties accountable for your infant's injury.