What Experts Say You Should Know

How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have greatly reduced the risks associated with birth. Birth defects or injuries occur often.

A birth defect lawsuit seeks to compensate your child for medical expenses, educational costs as well as other losses. To pursue such an action, you must demonstrate that medical professionals violated the standard of medical care prior to or during pregnancy or the birth of your child.

Damages

Pregnancy can be one of the most exciting, yet nerve-wracking times during the lifetime of a parent. Parents want their children to be perfect, and doctors strive to do their best to stop birth defects from happening. However, carelessness and negligence on the part of medical professionals can increase the chance of birth defects and injuries. Families who are shocked by this circumstance should think about taking legal action to remedy a birth defect.

A successful birth defect lawsuit may result in damages for a variety of different things. These include a victim's pain and suffering and loss of consortium, medical expenses, and loss of earning capacity. The amount of damages a victim receives will depend on the severity of their child's condition and the extent to which it has impacted with their daily life.

Environmental exposures can result in birth defects and birth defect attorneys injuries. Research has shown that certain chemicals such as pesticides, fungicides lead, paints and heavy metals can increase the likelihood of birth defects. Birth defect lawyers have filed lawsuits against companies that exposed their workers to harmful chemicals as well as pharmaceutical companies that produce drugs such as DES that can cause birth deformities in fetuses.

If you suspect that medical malpractice caused the birth injury or birth defect, seek out a birth defect lawyer immediately. In certain states, you have only one year to file a medical negligence suit, and if you wait longer than that could mean losing your chance to obtain the justice you need for your child's injuries.

Statute of limitations

A statute of limitations is a law which establishes the deadline for filing a civil lawsuit. If someone misses the deadline, they will lose their right to seek damages from the defendant. Birth injury cases can have more complex statutes of limitations than other kinds of medical malpractice claims.

A lawsuit is typically brought against the hospital or doctor that caused an injury to the patient during labor and birth. These cases are usually called birthing injuries lawsuits or wrongful birth suits, however, Florida's laws permit parents to file a medical malpractice suit in the event of a baby's death.

To prove medical malpractice, the injured party must prove that the doctor responsible did not follow the standard of care or consideration expected by another health care provider in similar circumstances. This includes failing diagnose serious conditions like low oxygen levels during childbirth which can lead to cerebral palsy and brain damage.

Contacting a reputable attorney is the first step towards filing an action for birth defects. Many attorneys provide free consultations to potential clients. If the lawyer believes that a client has a valid case, they will examine medical records and hire experts to review their credibility. They can also assist in the preparation of documents and file the medical malpractice lawsuit within the timeframe.

Expert Witnesses

In a birth injury case, it is important to have experts who can explain medical procedures and practices to jurors. Expert witnesses aren't easy to work with as they must be able to scrutinize massive amounts of data and be able to make decisions based upon facts rather than opinions. Additionally, birth defect lawsuits they must be willing to testify about facts that might conflict with their beliefs.

In the Daubert Case, the plaintiffs' expert argued that Bendectin was responsible for their child's birth defect. The judge ruled that the evidence was "at the forefront of scientific research, where science meets theories and certainty dissolves into probabilities." However the judge did not believe there was sufficient evidence to prove that Bendectin caused birth defects.

The Daubert decision was a setback to plaintiffs who had filed lawsuits against pharmaceutical companies in seeking justice. There are a variety of avenues for an injured party to seek a legal action over a birth defect.

A Philadelphia birth defect attorney can assist victims in determining whether they are a victim. Lawyers can determine if the plaintiff is able to file a lawsuit individually or as part of a class action. In certain situations lawyers may be able to start a lawsuit for birth injuries as part of multidistrict litigation (MDL). Please fill out the form below to get a confidential and free consultation with an attorney.

Representation

Although modern technology and recent advances in medicine have significantly reduced the risk of complications during pregnancy and childbirth but they aren't completely eliminated. If a birth defect or injury occurs and the cause is preventable, parents can seek legal action to cover the costs associated with treatment.

Medical negligence claims tend to be due to a doctor's failure to diagnose or treat a condition. A doctor might fail to conduct an ultrasound or make a mistake in surgery, leading to a birth defect such as spina bifida. Other causes for birth defect lawsuits include inadequate medication for the mother or exposure to chemicals or other environmental hazards as the baby is developing in the womb.

A birth defect could affect any part of the newborn's body which can affect their appearance, health, and functioning. In some instances birth defects can drastically reduce a baby's life expectancy or lead to a significant amount of medical expenses.

If you suspect that your child's birth defect or injury was caused by medical malpractice or negligent care during pregnancy or labor get in touch with a reputable birth defect attorney today. A lawyer can assist you to identify your options and make a claim prior to the statute of limitations runs out. A lawyer may also be in a position to negotiate the settlement on behalf of you with the parties accountable for the injuries your infant sustained.