How to File a Birth Defect Lawsuit

Modern medicine and technology have greatly decreased the risks of childbirth. But, a birth defect or injury still happens frequently.

A birth defect lawsuit seeks compensation for your child’s medical expenses education costs, as well as other expenses. To pursue such a claim, you need to demonstrate that medical professionals violated the standard of care before or during pregnancy or the birth of your child.

Damages

Pregnancy is one of the most exciting and nerve-wracking moments in the life of a parent. Parents want their babies to be perfect, and doctors work to do everything possible to stop birth defects from happening. Unfortunately, negligence and carelessness on the part of medical practitioners can increase the risk of birth injuries and birth defects. When this occurs, a stunned family might want to pursue justice via a birth defect lawsuit.

A successful birth defect lawsuit may result in damages for a multitude of different things. This includes suffering and pain for the victim, loss of consortium and medical costs, as well as loss of earning capacity. The amount of the damages a victim is awarded will depend on the severity of their child’s condition and the extent that it has affected with their life quality.

Birth injuries and birth defects can be caused by a variety of factors which include environmental exposures. Studies have proven that certain chemicals such as pesticides, fungicides and lead, as well as paints and heavy metals may increase the chances of birth defects. Birth defect lawyers have brought lawsuits against companies that have 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 suspect that your child’s birth defect, or birth injury was the result of medical malpractice, it is important to speak with a skilled birth defect lawyer as soon as you can. In some states, you only have one year to file a lawsuit claiming medical malpractice. If you wait it could mean that your child will not receive the justice they deserve.

Statute of limitations

A statute of limitations is a law which defines the time limit for a person to file a civil action. If a claimant fails to file by the deadline, they will lose the right to collect damages from a defendant. Birth injury cases may have more complicated statutes of limitations than other kinds of medical malpractice claims.

A lawsuit is usually brought against the doctor or hospital that caused an injury to patients during labor or birth. These cases are sometimes referred to as birthing injury suits or wrongful birth lawsuits, although Florida’s laws permit parents to file a malpractice suit for the death of a child.

In a medical malpractice case the injured party must prove that the doctor at fault did not adhere to the expected level of care and consideration any other medical professional would have used in similar circumstances. This includes failing to diagnose an illness that is serious, such as low levels of oxygen in the childbirth process which can cause cerebral palsy or brain damage.

The first step in filing a birth defect lawsuit is to contact a skilled attorney. A majority of attorneys offer free consultations and case reviews to prospective clients. If an attorney believes that the claim of a client is legitimate they will examine the medical documents of the client and hire experts to evaluate the evidence. They will also assist in preparing documents and file the medical malpractice lawsuit in time.

Expert Witnesses

In a case involving a birth injury it is essential to have experts who can explain medical procedures and practices to a jury. Expert witnesses can be difficult as they have to scrutinize a large amount of information to be able make decisions based on facts, not opinion. They must also be willing to testify on facts that could contradict their opinions.

In the Daubert case, the plaintiffs’ experts claimed that Bendectin had caused their child’s birth defects. The judge concluded that the evidence was at the “cutting edge of scientific research, where fact meets theory and certainty dissolves into probabilities.” However the judge did not believe that there was sufficient proof that Bendectin doubled a baby’s risk of developing birth defects.

The Daubert decision was a setback to plaintiffs who had filed a lawsuit against pharmaceutical companies an attempt to get justice. There are many ways that 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 help victims determine if they’re eligible to file a lawsuit on their own or a class action. In some cases a lawyer may bring a birth injury lawsuit as part of multidistrict lawsuit (MDL). To get started you must fill out the form below for a the opportunity to have a no-cost and confidential consultation with a professional lawyer.

Representation

Modern technology and recent advancements in medicine may have decreased the chance of complications occurring during pregnancy and childbirth, but they are not completely eliminated. When a birth defect or injury occurs, and the cause is preventable, parents may pursue legal action to pay for the costs related to treatment.

Medical negligence claims tend to be result from a doctor’s inability identify or treat an illness. For instance, a physician may not perform an ultrasound exam or make an error during surgery, resulting in a birth defect, such as spina bifida. Other common causes of a birth defect lawsuit include an ineffective medication for the mother or exposure to chemicals or other environmental hazards as the baby is growing in the womb.

A birth defect can affect any part of a newborn’s body and affect their health, performance and appearance. In some cases, a birth defect can severely reduce a baby’s life expectancy or lead to significant medical expenses.

If you suspect that your child’s birth defect or injury was caused by negligence or medical malpractice during labor or pregnancy consult a certified birth defect attorney today. A lawyer can assist you in understanding your options and assist you to submit a claim prior to the deadline for filing. A lawyer may also be able to negotiate the settlement on your behalf with the parties responsible for your infant’s injury.

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