How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have greatly 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 your child's medical expenses or educational costs, among other losses. You must prove that the medical professional you are suing did not follow the standard of treatment prior to or during pregnancy or delivery.

Damages

Pregnancy can be one of the most exciting yet nerve-wracking events in a parent's lifetime. Parents want their children to be perfect, and doctors attempt to do everything possible to stop birth defects from occurring. Medical negligence and inattention can increase the risk of birth defects and injuries. When this happens families that are shocked may want to seek justice through a birth defect lawsuit.

A successful birth defect lawsuit may result in damages for a range of different things. This includes the victim's suffering and suffering and loss of consortium, medical expenses, and loss of earning capacity. The amount of damages that the victim will receive is contingent on the severity of the child's condition, and how much it has affected their quality of life.

Birth injuries and birth defects can be caused by a number of factors that include exposure to environmental factors. Studies have proven that certain chemicals like fungicides, pesticides, lead, paints and heavy metals can increase the chances of birth defects. Birth defect lawyers have brought suits against companies that exposed workers to these hazardous chemicals, as well as against pharmaceutical companies that have produced medications that can cause birth defects in fetuses, such as DES.

If you suspect that medical error caused your child's birth injury or birth defect, you should consult a birth defect lawyer 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 not receive the justice they deserve.

Statute of Limitations

A statute of limitation is a law that establishes the time limit for filing a civil lawsuit. If a claimant fails to file by the deadline, they lose the right to claim damages from a defendant. Birth injury claims can have a more complicated time limit than other medical malpractice claims.

A lawsuit is usually filed against the medical professional or hospital that caused a patient's injuries during labor and delivery. These cases are commonly referred to as birthing injury lawsuits or wrongful birth suits however Florida's laws permit parents to make a claim for medical malpractice in the event of a baby's death.

In a case of medical malpractice the plaintiff must prove the at-fault doctor did not follow the standards of care and consideration that other health care providers would have followed in similar circumstances. This includes failing diagnose an illness that is serious, for example, low oxygen levels in childbirth which can result in cerebral palsy and brain damage.

The first step to file a birth defect lawsuit is to get in touch with an experienced attorney. Most attorneys offer free consultations for potential clients. If the attorney believes a client has a valid claim, they will examine medical records and appoint experts to review the evidence. They can also assist in the preparation of documents and file the medical malpractice lawsuit on time.

Expert Witnesses

In cases with birth injuries, it is crucial to have medical experts who can explain to jurors the medical practices and procedures. However, expert witnesses can be difficult to work with as they have to carefully review huge amounts of data and make decisions based upon facts rather than opinions. Furthermore, they should be willing to testify on information that might contradict their positions.

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

The Daubert ruling was a setback to the plaintiffs, who had suing pharmaceutical companies in order to win justice. However, there are various ways in which an injured party may pursue a birth defect lawsuit.

A Philadelphia treasure island birth defect Lawyer defect lawyer can advise victims on whether they have a claim. A lawyer can decide if a plaintiff is eligible to file a lawsuit on their own or as part of a class action. In certain cases, an attorney can make a claim for birth injury as part a multidistrict lawsuit. Fill out the form below to receive a private and free consultation with an attorney.

Representation

Although modern technology and recent advances in the field of medicine have drastically reduced the chance of complications during pregnancy and childbirth However, they aren't eliminated. Parents can seek legal action if they suffer a birth defect or birth injury occurs, and the cause could have been prevented.

Medical negligence claims are usually result from a doctor's inability identify or treat an illness. For example, a physician may fail to conduct an ultrasound test or make a mistake during surgery, which could result in a birth defect similar to spina bifida. Other common causes of great falls birth defect lawsuit defect lawsuits 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 cases birth defects can shorten the lifespan of a baby or result in substantial medical expenses.

If you think your child's birth defect or injury was the result of negligence or medical malpractice during pregnancy or labor consult a certified birth defect lawyer today. A lawyer can provide you with your options and assist you submit a claim prior to the deadline for filing. A lawyer can also negotiate a settlement with the responsible parties for the injury of your child.