공지사항

How to File a Birth Defect Lawsuit

Modern medicine and technology have greatly reduced the risks of childbirth. Birth defects or injuries occur frequently.

A birth defect lawsuit seeks reimbursement for your child's medical expenses education costs, as well as other losses. To pursue claims, you must prove that a medical professional violated the standard of medical care prior to or during pregnancy, or during the delivery.

Damages

Pregnancy is one of the most exciting and nerve-wracking times in a parent's life. Parents want their babies perfect and doctors do everything they can to prevent birth defects. However, carelessness and negligence on the part of medical practitioners can increase the chance of birth defects and injuries. When this happens families that are shocked should consider seeking justice through a birth defect lawsuit.

A successful birth defect lawsuit could result in damages for a number 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 damages that an individual victim will be awarded depends on the degree of the child's health and how much it has affected their standard of living.

Birth defects and birth injuries can be caused by a number of causes that include exposure to environmental factors. Studies have shown that certain chemicals, like fungicides, pesticides and lead, as well paints, and heavy metals can increase the likelihood of birth defect lawsuits defects. Birth defect lawyers have filed lawsuits against companies that exposed their workers to harmful chemicals and pharmaceutical companies that manufacture drugs such as DES that can cause birth deformities in fetuses.

If you believe that your child's birth defect, or birth injury was caused by medical malpractice, it is important to seek out a skilled birth defect lawyer as soon as you can. In some states, you have only one year to file a lawsuit claiming medical malpractice. If you wait this could mean that your child will never get the justice they deserve.

Statute of Limitations

A statute of limitations is a law that 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 a defendant. Birth injury claims may have a more complicated statute of limitations than other medical malpractice claims.

A lawsuit is typically brought against the hospital or doctor who caused injury to an individual during labor and birth. These cases are sometimes referred to as birthing injury lawsuits or wrongful birth lawsuits, however Florida's laws permit parents to file a malpractice lawsuit in the event of the death of an infant.

To prove medical malpractice, the party who suffered will need to show that the doctor who was at fault didn't adhere to the standard of care and consideration required by a different health healthcare provider in similar circumstances. This includes failing to recognize an illness that is serious for example, low oxygen levels during childbirth that can cause brain damage and cerebral palsy.

The first step to file a birth defect lawsuit is to contact an experienced attorney. Many attorneys provide free consultations and case review to prospective clients. If an attorney believes the claim of a client is valid they will look over the medical records of the client and then hire experts to analyze the evidence. They will also assist with the preparation of documents and file the medical malpractice suit on time.

Expert Witnesses

In a case that involves birth injuries, it is vital to have medical experts who are able to explain to jurors the medical procedures and practices. Expert witnesses aren't easy to work with since they must scrutinize huge amounts of evidence and make decisions based on evidence rather than opinions. Additionally, they must be willing to testify on things that may contradict their views.

In the Daubert case the plaintiffs' experts suggested that Bendectin was the cause of birth defects in their child. The judge ruled that the evidence was "at the cutting edge of scientific research where fact meets theories and the certainty is transformed into probabilities." However he was not convinced there was enough proof that Bendectin caused birth defects.

The Daubert decision was a blow to plaintiffs that had filed a lawsuit against pharmaceutical companies the hope of obtaining justice. However, there are many avenues for the injured party could pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer can help victims about whether they have a right to sue. A lawyer can determine if the plaintiff is able to file a lawsuit on their own or as part of a class action. In some cases lawyers can bring a lawsuit on behalf of a birth injuries as part multidistrict litigation. To begin you must fill out the form on this page for a free and confidential consultation with a licensed lawyer.

Representation

While modern technology and recent advancements in the medical field have greatly reduced the risk of complications during pregnancy and childbirth, they are not entirely eliminated. When a birth defect or injury occurs and the cause is preventable, parents can pursue legal action to pay for the costs related to treatment.

Medical negligence claims tend to be based on a doctor's failure diagnose or treat an illness. A physician may fail to perform an ultrasound or make a mistake during surgery, resulting in a birth defect such as spina bifida. Other causes for a birth defect lawsuit include improper medication for the mother or exposure to chemicals or other environmental dangers while the baby is growing in the womb.

A birth defect may affect any part of the body of a newborn that can affect their appearance, health, and function. In certain instances birth defects can severely reduce a baby's life expectancy or lead to significant medical costs.

Contact an attorney for birth defects immediately if you believe your child's birth injury or defect was the result of medical negligence or mistakes during labor or pregnancy. A lawyer can provide you with your options and assist you to make a claim before the statute of limitations expiring. A lawyer may also be able to negotiate an agreement on your behalf with the responsible parties for the injuries your infant sustained.