What Birth Defect Claim Experts Want You To Know

How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have drastically reduced the risk of the birth of a child. 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 you are suing did not follow the standard of care prior to or during the pregnancy or birth.

Damages

Pregnancy can be one of the most exciting yet nerve-wracking events during the lifetime of a parent. Parents want their children to be perfect, and doctors work to do everything possible to stop birth defects from happening. Unfortunately, carelessness and negligence on the part of medical professionals can increase the chance of birth injuries and birth defects. When this occurs the family of the victim ought to consider pursuing justice through a birth defect lawsuit.

A successful birth defect lawsuit may result in damages for a multitude of different things. This can include pain and suffering for the victim as well as loss of consortium and medical expenses, as well as lost earning capacity. The amount of damages a victim will receive will depend on the severity of their child's medical condition and the extent that it has affected in their quality of life.

Birth injuries and birth defects can be caused by a number of factors which include environmental exposures. Studies have shown that certain chemicals, such as pesticides, fungicides, lead, paints and heavy metals may increase the chance of birth defects. Birth defect lawyers have filed suits against businesses that have exposed workers to these toxic chemicals, as well against pharmaceutical companies that have made products that cause birth defects in fetuses, like DES.

If you suspect medical malpractice caused the birth injury or birth defect, consult a lawyer for birth defects immediately. In certain states, you are given one year to file a suit for medical malpractice. If you put off filing a lawsuit for a longer period and you don't, your child will never get the justice they deserve.

Statute of limitations

A statute of limitations is a law that establishes the deadline for filing a civil lawsuit. A person who misses a deadline loses the right to pursue a defendant for damages. Birth injury cases can have more complex statutes of limitations than other types of medical malpractice cases.

A lawsuit is usually filed against the medical professional or hospital that caused injuries to a patient during labor and delivery. These cases can be called birthing injury lawsuits or wrongful birth lawsuits however Florida's laws allow parents to file a malpractice suit for the death of an infant.

In order to prove medical malpractice, the victim will need to show that the doctor at fault didn't adhere to the level of care and consideration expected by another health care provider in similar circumstances. This includes failing diagnose a serious condition such as low oxygen levels in childbirth which could lead to cerebral palsy and brain damage.

Finding a reputable attorney is the first step towards filing an action for birth defects. Most attorneys offer free consultations and case reviews for prospective clients. If the attorney is convinced that a client has a valid claim, they will review medical records and hire experts to examine them. They will also assist with the preparation of documents and file the medical malpractice lawsuit in time.

Expert Witnesses

In a case involving birth injuries, it is important to have experts who can explain medical practices and procedures before a jury. Expert witnesses aren't easy to work with as they must scrutinize huge amounts of data and be able to make decisions based on facts rather than opinions. They must also be able to testify regarding things that may contradict their opinions.

In the Daubert case, the plaintiffs' experts suggested that Bendectin caused their child's birth defects. The judge concluded that the evidence was at the "cutting edge of scientific research, where evidence meets theory, and certainty transforms into probability." However, the judge did not consider there was enough evidence to prove that Bendectin doubled a baby's risk of developing birth defects.

The Daubert decision was a setback to plaintiffs who had filed suit against pharmaceutical companies in an attempt to get justice. However, there are numerous avenues that an injured party may pursue a lawsuit for birth defects.

A Philadelphia birth defect attorney can assist those suffering from birth defects to determine whether they are a victim. A lawyer can decide if the plaintiff is eligible to file a lawsuit on their own or as part of a class action. In certain cases an attorney may be able to start a lawsuit for birth injuries as part of a multidistrict litigation. Please fill out the form below to get a confidential and free consultation with an attorney.

Representation

Although the advancements in technology and advances in the field of medicine have greatly reduced the risk of complications during childbirth and pregnancy however, they are not completely eliminated. If a birth defect or injury occurs, and the cause was preventable, parents can seek legal action to pay for the costs associated with treatment.

Medical negligence claims are usually due to a doctor's failure to diagnose or treat a condition. A doctor might fail to perform an ultrasound or make a mistake during surgery, resulting in birth defects such as spina bifida. Birth defects can be caused by the wrong medication taken by the mother or exposure to chemicals or other environmental hazards during the baby's development during the womb.

A birth defect can affect any part of the newborn's body, affecting their appearance, health, and functioning. In certain instances birth defects can significantly diminish a baby's life expectancy or result in significant medical expenses.

Contact an attorney for birth defects today if you suspect that your child's birth injury or defect was caused by medical negligence or mistakes during labor or pregnancy. A lawyer can assist you in understanding your options and help you make a claim before the time limit expiring. A lawyer might also be competent to negotiate an agreement on behalf of you with the parties responsible for your infant's injury.