How to File a Birth Defect Lawsuit

Modern technology and medicine have dramatically reduced the risk of childbirth. Birth defects or injuries continue to occur often.

A birth defect lawsuit seeks to compensate your child for medical expenses, educational costs and other losses. To pursue claims, you must prove that a medical professional breached the standard of care prior to or during pregnancy, or during the delivery.

Damages

Pregnancy is among the most exciting and nerve-wracking moments in the life of a parent. Parents want their children to be perfect, and doctors do everything possible to avoid birth defects. Unfortunately, negligence and carelessness on the part of medical professionals can increase the chance of birth defects and injuries. In the event of this happening the family of the victim may want to seek justice through a birth defect lawsuit.

A successful mammoth lakes birth defect lawyer defect lawsuit could result in damages for a number of different things. This can include the pain and suffering, loss of consortium, medical expenses, and loss of earning capacity. The amount of damages a person suffers will depend on the severity of their child's medical condition and the extent to which it has interfered in their quality of life.

Environmental exposures can cause birth injuries and birth defects. Studies have shown that pesticides, including lead and fungicides, as well heavy metals, paints, and heavy metals, could increase the risk of birth defects. Birth defect lawyers have filed lawsuits against companies that exposed employees to harmful chemicals and pharmaceutical companies that make drugs like DES that may cause birth defects in fetuses.

If you suspect that medical malpractice caused your child's birth injury or birth defect, you should seek out a birth defect lawyer immediately. In certain states, you only have one year to file a lawsuit claiming medical malpractice. If you put off filing a lawsuit for a longer period, it could mean that your child won't get the justice they deserve.

Statute of limitations

A statute of limitation is a law which establishes the deadline for a person to file an action in civil court. If a person misses the deadline, they will lose their right to recover damages from the defendant. Birth injury claims can be more complex in terms of the time limit than other medical malpractice claims.

A lawsuit is typically filed against the hospital or doctor that caused injuries to a patient during labor and birth. These cases are commonly referred to as birthing injury lawsuits or wrongful iowa city birth defect law firm suits, however Florida's laws permit parents to file a medical malpractice suit in the event of a baby's death.

In a medical malpractice lawsuit the victim must prove the at-fault doctor failed to adhere to the standard of care and consideration that other health care providers would have followed in similar circumstances. This includes not being able to identify an illness of serious severity like low levels of oxygen during childbirth which can cause brain damage and cerebral palsy.

Finding a reputable attorney is the first step to filing a lawsuit against birth defects. Most attorneys offer free consultations for potential clients. If an attorney believes the client's claim is legitimate they will go over the medical records of the client, and they will hire experts to review the records. They can also assist in the preparation of documents and file the medical malpractice lawsuit within the timeframe.

Expert Witnesses

In a case which involves birth injuries, it is crucial to have medical experts who can explain to jurors the medical procedures and practices. Expert witnesses can be difficult as they must scrutinize an extensive amount of information to make decisions based on facts, not opinions. In addition, they must be able to testify regarding facts that could contradict their positions.

In the Daubert Case the plaintiffs' expert believed that Bendectin was responsible for the birth defect of their child. The judge concluded that the evidence was on the "cutting edge of research in science, where fact meets theory and certainty dissolves into probabilities." However, the judge did not believe that there was sufficient evidence to prove that Bendectin doubled a baby's chance of developing birth defects.

The Daubert decision was an affront to plaintiffs who had sued pharmaceutical companies in an effort to obtain justice. There are a variety of avenues an injured person can seek a legal action over a birth defect.

A Philadelphia birth defect lawyer can help victims on whether they're eligible for an opportunity to file a claim. A lawyer can help victims determine if they're qualified to file a lawsuit as an individual or a class action. In certain cases attorneys can file a lawsuit for birth injuries as part of multidistrict litigation. Please fill out the form below for a confidential and free consultation with an attorney.

Representation

Modern technology and recent advancements in the medical field may have decreased the risk of complications that can occur during pregnancy and childbirth, but they are not completely eliminated. If a birth defect, or injury occurs, and the cause is preventable, parents can pursue legal action to cover the costs related to treatment.

Medical negligence claims often result from a doctor's inability to diagnose or treat a condition. A physician may not perform an ultrasound or make a mistake in surgery, resulting in birth defects like spina bifida. Birth defects can be caused by a wrong medication taken by the mother, or exposure to chemicals and other environmental dangers during the development of the baby in the womb.

A birth defect can affect any part of a newborn's body, and affect their health, function and appearance. In some cases charlottesville birth defect lawyer defects can significantly diminish a baby's life expectancy, or cause significant medical expenses.

If you think your child's birth defect or injury was due to medical malpractice or negligent care during pregnancy or labor consult a certified birth defect lawyer today. A lawyer can assist you to discover your options and make a claim prior to the statute of limitations runs out. A lawyer may also be able to negotiate the settlement on your behalf with the parties accountable for your child's injuries.