Birth Defect Claim 101 Your Ultimate Guide For Beginners

How to File a Birth Defect Lawsuit

Modern medicine and technology have greatly reduced the risk of childbirth. Birth defects or injuries occur frequently.

A birth defect lawsuit seeks compensation for medical expenses of your child or educational costs, among other expenses. To be able to pursue a claim, you must demonstrate that a medical professional breached the standard of care prior to pregnancy or the birth of your child.

Damages

Pregnancy is one of the most exciting and stressful experiences a parent can experience. Parents want their children to be perfect, and doctors attempt to do all they can to stop birth defects from occurring. Unfortunately, negligence and carelessness on the part of medical professionals can increase the risk of birth injuries and defects. When this occurs an astonished 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. These include a victim's suffering and suffering, loss of consortium, medical expenses and lost earning capacity. The amount of damages a victim will receive will depend on the severity of their child's condition and the extent to which it has interfered in their quality of life.

Environmental exposures can result in birth defects and birth injuries. Studies have shown that certain chemicals, like fungicides, pesticides and lead, as well as paints and heavy metals can increase the chances of birth defects. Birth defect lawyers have filed lawsuits against companies who exposed workers to harmful chemicals as well as pharmaceutical companies that produce drugs like DES that could cause birth defects in fetuses.

If you think your child's birth defect, or birth injury is the result of medical negligence, you must seek out a skilled birth defect lawyer as quickly as possible. In some states, there's only one year to file a medical malpractice suit, and waiting longer than that can mean losing the chance to receive the justice you need for your child's injuries.

Statute of Limitations

A statute of limitations is a law that establishes the deadline for an individual to file an action in civil court. Anyone who fails to meet a deadline loses the right to sue a defendant for damages. Birth injury cases may have more complicated statutes of limitations than other types of medical malpractice cases.

A lawsuit is usually filed against the hospital or doctor who caused injury to patients during labor or birth. These cases are sometimes called birthing injury lawsuits or wrongful birth defect attorneys lawsuits, however Florida's laws allow parents to file a malpractice suit for the death of an infant.

In a lawsuit for medical malpractice, the injured party must prove that the doctor at fault was not adhering to the expected level of care and consideration that another health care provider would have applied in similar circumstances. This includes not being able to identify a serious condition, such as low oxygen levels during childbirth which can cause brain damage and cerebral palsy.

The first step in filing a birth defect lawsuit is to reach a skilled attorney. A majority of attorneys offer free consultations and reviews of cases to prospective clients. If the attorney believes a client has a valid claim they will look into medical records and engage expert witnesses to assess the case. They will also assist with the preparation of documents and file the medical malpractice lawsuit within the timeframe.

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 aren't easy to work with as they have to carefully review huge quantities of information and make decisions based on the facts rather than their opinions. They should also be prepared to testify on evidence that may conflict with their opinions.

In the Daubert Case the plaintiffs' expert argued that Bendectin is the reason for their child's birth defect. The judge concluded that the evidence was "at the cutting-edge of scientific research, where evidence meets theories and certainty dissolves into probabilities." However the judge did not believe there was enough evidence that Bendectin caused birth defects.

The Daubert ruling was a setback to the plaintiffs, who had suing pharmaceutical companies to achieve justice. There are many ways that the injured party could pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer can provide victims with advice about whether they have a right to sue. A lawyer can assist clients determine if they're qualified to file a personal lawsuit or a class action. In certain cases attorneys can start a lawsuit for birth injury as part of an interdistrict litigation. Complete the form below to receive a confidential and free consultation with an attorney.

Representation

Modern technology and recent advancements in medical technology may have decreased the risk of complications occurring during pregnancy and childbirth, but they're not completely eliminated. Parents can take legal action if they suffer a birth injury or defect occurs, and birth Defect lawsuit the cause could have been prevented.

Medical negligence claims are typically due to a doctor's failure to diagnose or treat an illness. For example, a physician may fail to conduct an ultrasound examination or make a mistake during surgery, resulting in a birth defect like spina bifida. Other causes for a birth defect lawsuit include inadequate 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 certain instances birth defects can severely reduce a baby's lifespan or result in an enormous amount of medical expenses.

Contact a birth defect lawyer now if you believe the birth injury or defect was the result of medical negligence or malpractice during pregnancy or labor. A lawyer can assist you identify your options and make a claim prior to the statute of limitations expires. A lawyer can also negotiate a settlement with the parties responsible for the harm to your infant.