How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have greatly reduced the risk of childbirth. Birth defects or injuries still occur often.

A birth defect lawsuit seeks compensation for medical expenses of your child as well as educational costs and other losses. You must prove that the medical professional you are suing breached the standard of treatment during or prior to the pregnancy or birth.

Damages

Pregnancy is among the most exciting and nerve-wracking experiences a parent can experience. Parents want their babies perfect, and doctors do everything to prevent birth defects. Unfortunately, carelessness and negligence on the part of medical practitioners can increase the risk of birth defects and injuries. When this happens an astonished family ought to consider pursuing justice through a birth defect lawsuit.

A successful birth defect lawsuit can result in damages for birth defect lawsuit a variety of different things. This can include the pain and suffering as well as loss of consortium, medical expenses, and loss of earning capacity. The amount of compensation the victim will receive is contingent on the severity of the child's illness, and how much it has affected their standard of life.

Environmental exposures can result in birth defects and birth injuries. Studies have proven that pesticides like fungicides and lead as well as heavy metals, paints, and heavy metals, may increase the risk of birth defects. Birth defect lawyers have filed lawsuits against companies that exposed workers to these harmful chemicals, and against pharmaceutical companies that have developed products that cause birth defects in fetuses such as DES.

If you suspect that medical malpractice caused the birth injury or birth defect, seek out a birth defect lawyer immediately. In certain states, you only have one year to file a suit for medical malpractice. If you wait longer and you don't, your child will never receive the justice they deserve.

Statute of Limitations

A statute of limitation is a law that defines the deadline for an individual to file a civil lawsuit. If a claimant fails to file by the deadline, they will lose their right to seek damages from the defendant. Birth injury claims have a more complicated statute of limitations than other medical malpractice claims.

A lawsuit is usually brought against the hospital or doctor that caused an injury to a patient during labor and delivery. These cases are often referred to as birthing injury suits 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 a lawsuit for medical malpractice the injured party must prove that the doctor at fault did not follow the expected level of care and consideration another health care provider would have used in similar circumstances. This includes not being able to identify a serious condition such as low oxygen levels during childbirth that can cause cerebral palsy and brain damage.

Finding a reputable attorney is the first step towards filing a lawsuit for birth defects. A majority of attorneys offer free consultations to prospective clients. If the attorney believes a client has a valid case, they will examine medical records and employ expert witnesses to assess their credibility. They will also help prepare documents and file the medical malpractice suit on time.

Expert Witnesses

In cases with birth injuries, it is essential to have medical experts who are able to explain to a jury the medical procedures and practices. However, expert witnesses aren't easy to work with because they must carefully examine massive quantities of information and make decisions based on evidence rather than opinions. In addition, they must be able to testify regarding facts that might conflict with their beliefs.

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

The Daubert ruling was a setback for plaintiffs who had sued pharmaceutical companies to win justice. There are many ways for a person who has suffered injury to file a lawsuit for a birth defect.

A Philadelphia birth defect lawyer will assist the victims to determine if they have a case. A lawyer can decide if an individual plaintiff is eligible to file a lawsuit individually or as part of an action class. In some cases, birth defect lawsuit an attorney can file a lawsuit for birth injuries as part of multidistrict litigation. To start complete the form below for a an unreserved and confidential consultation with a licensed lawyer.

Representation

Modern technology and recent advances in medicine may have reduced the chance of complications arising during pregnancy and childbirth, however they're not entirely eliminated. When a birth defect or injury occurs and the cause could have been avoided, parents may seek legal action to recover the costs associated with treatment.

Medical negligence claims tend to be based on a doctor's failure diagnose or treat a condition. A doctor might not perform an ultrasound or make a mistake during surgery, resulting in birth defects, such as spina bifida. Other causes for a birth defect lawsuit include an ineffective 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, affecting their health, appearance and performance. In certain cases swoyersville birth defect law firm defects may reduce the life span of a child or trigger significant medical expenses.

Contact a birth defect lawyer today if you believe that the birth defect or injury was caused by medical negligence or carelessness during labor or birth. A lawyer can assist you to determine your options and file a claim before the time limit expires. A lawyer can also negotiate a settlement with the parties responsible for the injuries suffered by your infant.