How to File a Birth Defect Lawsuit

Modern medical and technological advances have significantly reduced the risks of childbirth. But, a birth defect or injury is still a common occurrence.

A birth defect lawsuit seeks compensation for your child's medical expenses education costs, as well as other expenses. To pursue such claims, you must demonstrate that a medical professional did not meet the standard of care before or during pregnancy or Birth Defect Lawsuit delivery.

Damages

Pregnancy can be one of the most exciting yet nerve-wracking events during the lifetime of a parent. Parents want their babies to be perfect, and doctors work to do all they can to stop birth defects from happening. Unfortunately, negligence and carelessness on the part of medical professionals can increase the risk of birth defects and injuries. Families who are shocked by this circumstance should think about the possibility of suing over a birth defect.

A successful birth defect lawsuit can result in damages for a variety of different things. This includes the victim's pain and suffering as well as loss of consortium, medical expenses, and loss of earning capacity. The amount of compensation an individual victim will be awarded depends on the severity of the child's illness and how much it has affected their quality of living.

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

If you suspect that medical negligence caused your child's birth injury or birth defect, it is recommended to seek out a birth defect lawyer immediately. In some states, you have only one year to file a lawsuit for medical malpractice. If you delay and you don't, your child will never get the justice they deserve.

Statute of Limitations

A statute of limitations is a law that determines how long a person has to file a civil claim. If a person fails to meet an expiration date will lose the right to seek damages from a defendant. Birth injury claims be more complex in terms of the statute of limitations than other medical malpractice claims.

A lawsuit is typically filed against the doctor or hospital that caused a patient's injuries during labor and delivery. These cases can be called birthing injury suits or wrongful redding birth defect lawyer lawsuits, however Florida's laws permit parents to file a malpractice suit in the event of the death of a baby.

In a medical malpractice lawsuit the victim must prove that the doctor at fault failed to adhere to the expected level of care and consideration that another medical professional would have used in similar circumstances. This includes failing to diagnose an illness that is serious such as low levels of oxygen during childbirth that can cause cerebral palsy and brain damage.

Contacting a qualified attorney is the first step to file a lawsuit against birth defects. Most attorneys offer free consultations to prospective clients. If the attorney believes a client has a valid claim, they will review medical records and appoint expert witnesses to assess their credibility. They can also assist in the preparation of documents and file the medical malpractice suit on time.

Expert Witnesses

In a case involving birth injuries it is essential to have experts who can explain medical practices and procedures before a jury. Expert witnesses can be difficult to testify because they must carefully examine an extensive amount of information to be able make decisions that are based on evidence rather than opinions. They also have to be willing to provide evidence on matters that may conflict with their opinions.

In the Daubert Case the plaintiffs' expert suggested that Bendectin caused their child's birth defect. The judge ruled that the evidence was "at the forefront of scientific research, where evidence meets theories and certainty transforms into probabilities." However he was not convinced there was sufficient evidence to prove that Bendectin caused birth defects.

The Daubert decision was a setback to plaintiffs who had filed a lawsuit against pharmaceutical companies an attempt to get justice. There are numerous avenues for a victim to seek a legal action over a birth defect.

A Philadelphia birth defect lawyer can assist victims in determining whether they are a victim. A lawyer can decide if an individual plaintiff is eligible to pursue a lawsuit by themselves or as part of an action class. In certain cases attorneys can start a lawsuit for birth injuries as part multidistrict litigation. Fill out the form below to receive a confidential and free consultation with an attorney.

Representation

Although the advancements in technology and advancements in the medical field have greatly reduced the risk of complications during pregnancy and childbirth, they are not entirely eliminated. Parents can pursue legal action if a birth injury or defect occurs, and the cause could have been avoided.

Medical negligence claims are often result from a doctor's inability diagnose or treat an illness. For instance, a physician might fail to conduct an ultrasound test or make an error during surgery, which could result in a birth defect like spina bifida. Other causes that can lead to a birth defect lawsuit are improper medication for the mother or exposure to chemicals or other environmental hazards when the baby is growing in the womb.

A birth defect can affect any part of a newborn's body. It can affect their health, functioning and appearance. In some instances the birth defect could dramatically reduce a child's life expectancy or result in significant medical costs.

Contact an attorney for birth defects immediately if you believe your child's alameda birth defect law firm injury or defect was caused by medical negligence or Birth Defect Lawsuit negligence during labor or pregnancy. A lawyer can help identify your options and file a claim before the statute of limitations expires. A lawyer can also negotiate an agreement with the responsible parties for the injuries suffered by your infant.