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How to File a Birth Defect Lawsuit

Modern technology and advancements in medicine have dramatically reduced the risks associated with childbirth. Birth defects or injuries still occur frequently.

A birth defect lawsuit seeks compensation for medical expenses of your child, educational costs, and other losses. To pursue such an action, you must prove that a medical professional did not meet the standard of care prior to pregnancy or the birth of your child.

Damages

Pregnancy is among the most exciting and stressful moments in the life of a mother. Parents want their children to be perfect and doctors do their best to prevent birth defects. Inattention to medical issues and negligence can increase the risk of birth defects and injuries. When this happens the family of the victim may want to seek justice through a birth defect lawsuit.

A successful birth defect lawsuit can result in damages for a variety of different things. This includes pain and suffering for the victim as well as loss of consortium and medical expenses, as well as lost earning capacity. The amount of compensation an individual victim will be awarded depends on the severity of the child's illness, and how much it has affected their standard of living.

Birth defects and birth injuries can be caused by a variety of factors such as environmental exposures. Studies have revealed that certain chemicals like pesticides, fungicides, lead, heavy metals and paints can increase the risk of birth defects. Birth defect lawyers have filed lawsuits against companies that exposed their workers to harmful chemicals as well as pharmaceutical companies that manufacture drugs like DES that may cause birth defects in fetuses.

If you suspect that medical error caused the birth injury or birth defect, it is recommended to consult a birth defect lawyer immediately. In certain states, there's only one year to file a medical malpractice suit, and waiting any longer than that can mean losing your chance to obtain the justice you deserve for your child's injury.

Statute of limitations

A statute of limitations is a law that establishes how long a person has to file a civil lawsuit. If a person misses the deadline, they lose the right to collect damages from the defendant. Birth injury claims have a more complicated time limit than other medical malpractice claims.

A lawsuit is usually filed against the hospital or doctor that caused an injury to patients during labor or delivery. 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 baby.

In order to prove medical malpractice, the party who suffered will need to show that the doctor at fault was not able to meet the standard of care or consideration required by a different health care provider in similar circumstances. This could include failing to recognize a serious illness, such as low oxygen levels in childbirth which can result in cerebral palsy and brain damage.

The first step in filing a birth defect lawsuit is to contact an experienced attorney. Most attorneys offer free consultations and case review to prospective clients. If the attorney believes that a client has a valid claim, they will look over medical records and hire experts to evaluate their credibility. They can also assist in the preparation of documents and file the medical malpractice suit within time.

Expert Witnesses

In the case of a birth injury it is essential to have experts who can explain medical practices and procedures to a jury. Expert witnesses can be difficult to work with because they have to carefully review huge amounts of data and make decisions based on the facts rather than their opinions. They also have to be willing to testify on evidence that may conflict with their opinion.

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

The Daubert decision was an affront to plaintiffs who had filed a lawsuit against pharmaceutical companies seeking justice. But there are many ways that the injured party could pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer can help victims on whether they have an opportunity to file a claim. A lawyer can decide if an individual plaintiff is eligible to pursue a lawsuit by themselves or as part of a class action. In some cases a lawyer may bring a birth injury lawsuit as part of a multidistrict litigation (MDL). Complete the form below to get a confidential and free consultation with an attorney.

Representation

Modern technology and recent advances in medical technology may have reduced the chance of complications occurring during pregnancy and childbirth, however they're not completely eliminated. Parents may pursue legal action if a birth defect or birth injury occurs, and the cause could have been avoided.

Medical negligence claims usually result from a doctor's inability to identify or treat a condition. For example, a physician could neglect to perform an ultrasound test or make an error during surgery, resulting in a birth defect such as spina bifida. Other common causes of 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 could affect any part of the newborn's body which can affect their health, appearance and function. In some cases birth defects can decrease the life span of a child or trigger significant medical expenses.

If you suspect that the birth defect or injury was the result of negligence or medical malpractice during labor or birth seek out a qualified birth defect attorney today. A lawyer can assist you in understanding your options and assist you to make a claim before the statute of limitations expiring. A lawyer might also be in a position to negotiate settlements on behalf of you with the responsible parties for the injuries your infant sustained.