How to File a Birth Defect Lawsuit
Modern medicine and technology have greatly reduced the risk of childbirth. However, birth defects or injury can still happen frequently.
A birth defect lawsuit seeks to recover for medical expenses of your child, educational costs, and other losses. You must prove that the medical professional in question did not follow the standard of treatment during or prior to the birth or during pregnancy.
Damages
Pregnancy can be one of the most exciting yet nerve-wracking times during the lifetime of a parent. Parents want their babies to be perfect, and doctors attempt to do everything possible to stop birth defects from occurring. However, carelessness and negligence on the part of medical practitioners can increase the risk of birth injuries and birth defects. When this occurs families that are shocked may want to seek justice through a birth defect lawsuit.
A successful birth defect lawsuit can result in damages for a multitude of different things. This includes pain and suffering for the victim as well as loss of consortium, medical expenses, not to mention lost earning capacity. The amount of the damages a victim is awarded will depend on the degree of their child's health and the extent that it has affected with their quality of life.
Birth injuries and birth defects can be caused by a number of factors that include environmental exposures. Research has shown that certain chemicals, like pesticides, fungicides lead, paints, and heavy metals can increase the chances of birth defects. Birth defect lawyers have filed suits against businesses that have exposed workers to harmful chemicals, and also against pharmaceutical companies that have made drugs that could cause birth defects in fetuses, like DES.
If you suspect that medical error caused the birth injury of your child or
birth defect lawsuits defect, it is recommended to consult a lawyer for birth defects immediately. In certain states, you only have one year to file a lawsuit against medical malpractice. If you put off filing a lawsuit for a longer period this could mean that your child will never get the justice they deserve.
Statute of limitations
A statute of limitation is a law that defines the time limit for filing a civil lawsuit. If a person misses the deadline, they lose the right to claim damages from a defendant. Birth injury cases can have more complicated statutes of limitations than other types of medical malpractice claims.
A lawsuit is usually filed against the doctor or the hospital that caused a patient's injuries during labor and delivery. These cases are sometimes referred to as birthing injury suits or wrongful birth lawsuits although Florida's laws permit parents to file a malpractice suit in the event of the death of a baby.
In a case of medical malpractice, the injured party must prove the at-fault doctor was not adhering to the standards of care and consideration that another health care provider would have utilized in similar circumstances. This includes failing to diagnose a serious illness, such as low levels of oxygen during childbirth which could lead to cerebral palsy and brain damage.
Contacting a qualified attorney is the first step towards filing a lawsuit for birth defects. Most attorneys offer free consultations for potential clients. If an attorney believes a client's claim is valid they will look over the medical documents of the client and employ experts to evaluate the claims. They can also assist in the preparation of documents and file the medical malpractice lawsuit in time.
Expert Witnesses
In a case involving a birth injury it is crucial to have experts who can explain medical practices and procedures before a jury. Expert witnesses can be difficult because they must scrutinize a vast amount of data to be able make decisions based on fact rather than opinion. They must also be able to testify regarding facts that might conflict with their positions.
In the Daubert case the plaintiffs' experts suggested that Bendectin caused their child's birth defects. The judge found that the evidence was on the "cutting edge of scientific research, where fact is matched by theory, and certainty turns into probability." However the judge did believe there was enough evidence that Bendectin doubled a baby's risk of developing birth defects.
The Daubert ruling was a setback to the plaintiffs who had sued pharmaceutical companies to try and win justice. But there are various ways in which the injured party could pursue a lawsuit for birth defects.
A Philadelphia birth defect lawyer can assist those suffering from birth defects to determine whether they are a victim. Lawyers can determine if an individual plaintiff is eligible to pursue a lawsuit by themselves or as part of a class action. In certain cases, an attorney can make a claim for birth injuries as part of an interdistrict litigation. Complete the form below for a confidential and free consultation with an attorney.
Representation
Although modern technology and recent developments in the field of medicine have drastically reduced the chance of complications during pregnancy and childbirth however, they are not completely eliminated. Parents may pursue legal action if a birth injury or defect occurs, and the cause could have been prevented.
Medical negligence claims typically result from a doctor's inability to recognize or treat a condition. A physician may fail to perform an ultrasound or make a mistake in surgery, resulting in birth defects such as spina bifida.
Birth defects can be caused by a wrong medication taken by the mother, or exposure to chemicals or other environmental dangers during the child's development during the womb.
A
birth defect law firm defect can affect any part of a newborn's body, and affect their health, function and appearance. In some cases birth defects can drastically reduce a baby's lifespan or result in a significant amount of medical expenses.
Contact an attorney for birth defects today if you believe that your child's birth injury or defect was caused by medical negligence or negligence during labor or pregnancy. A lawyer can help you understand your options and make a claim before the deadline for filing a claim expires. A lawyer can also negotiate an agreement with the responsible parties for the injuries suffered by your child.
