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How to File a Birth Defect Lawsuit

Modern medical technology and medicine have drastically decreased the risks of childbirth. But, a birth defect or injury still occurs frequently.

A birth defect lawsuit seeks to recover for your child’s medical expenses as well as educational costs and other losses. To pursue such claims, you must demonstrate that a medical professional violated the standard of medical care prior to pregnancy or the birth of your child.

Damages

Pregnancy can be one of the most exciting but nerve-wracking moments in the life of a parent. Parents want their babies to be perfect, and doctors strive to do everything possible to stop birth defects from happening. Medical negligence and carelessness can increase the risk of birth defects and injuries. A family that is shocked by this circumstance should think about seeking legal action for a birth defect.

A successful birth defect lawsuit may result in damages for a multitude of different things. These include a victim’s pain and suffering and 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 illness and the extent to which it has impacted in their quality of life.

Environmental exposures can result in birth injuries and birth defects. Studies have revealed that certain chemicals, like pesticides, fungicides, lead, paints and heavy metals may increase the chances of birth defects. birth defect law firm grand rapids have filed lawsuits against companies that exposed their workers to harmful chemicals, as well as pharmaceutical companies that produce drugs like DES that may cause birth defects in fetuses.

If you suspect that your child’s birth defect or injury was caused by medical negligence, you must consult a reputable birth defect lawyer as soon as possible. In certain states, you have only one year to file a medical negligence suit, and if you wait longer than that can mean losing the chance to receive the justice you are due for the injury your child sustained.

Statute of Limitations

A statute of limitations is a law that defines the deadline for someone to file an action in civil court. Anyone who fails to meet an expiration date will lose the right to claim damages against a defendant. Birth injury cases could have more complicated statutes of limitations than other types of medical malpractice cases.

A lawsuit is usually filed against the hospital or doctor who caused the patient’s injuries during labor and delivery. These cases are often called birthing injury lawsuits or wrongful birth suits, however Florida’s laws permit parents to file a medical malpractice suit for an infant’s death.

In order to prove medical malpractice, the injured party must prove that the doctor who was at fault didn’t adhere to the level of care and consideration expected by another health healthcare provider in similar circumstances. This includes failing to recognize a serious illness, such as low oxygen levels during childbirth which can lead to cerebral palsy and brain damage.

The first step to file a birth defect lawsuit is to reach an experienced attorney. The majority of lawyers offer free consultations and reviews of cases to potential clients. If an attorney is convinced that a client’s claim is valid they will go over the medical documents of the client and then hire experts to evaluate the claims. They can also assist in the preparation of documents and file the medical malpractice lawsuit on time.

Expert Witnesses

In a case which involves birth injuries, it is essential to be able to have medical experts explain to jurors the medical procedures and practices. However, expert witnesses can be difficult to work with since they have to carefully review huge quantities of information and make decisions based on facts rather than opinions. They must also be willing to testify on evidence which may contradict their opinion.

In the Daubert case the plaintiffs’ experts claimed that Bendectin was the cause of birth defects in their child. The judge concluded that the evidence was “at the forefront of scientific research, where evidence meets theories and certainty dissolves into probabilities.” However he was not convinced there was sufficient evidence to prove that Bendectin caused birth defects.

The Daubert ruling was a setback for plaintiffs, who had sued pharmaceutical companies in order to obtain justice. But there are various ways in which an injured person 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. A lawyer can determine whether the plaintiff is able to file a lawsuit individually or as part of an action class. In certain cases a lawyer may file a birth injury lawsuit in the context of multidistrict litigation (MDL). To get started you must fill out the form below for a a free and confidential consultation with a licensed attorney.

Representation

Modern technology and recent advances in medical technology may have decreased the chance of complications arising during childbirth and pregnancy, but they’re not entirely eliminated. If a birth defect injury occurs and the cause is preventable, parents may seek legal action to cover the costs associated with treatment.

Medical negligence claims tend to be result from a doctor’s inability identify or treat an illness. Physicians may fail to perform an ultrasound or make a mistake in surgery, leading to birth defects like spina bifida. Other causes for birth defect lawsuits include insufficient medication for the mother or exposure to chemicals or other environmental hazards while the baby is developing in the womb.

A birth defect could affect any part of the body of a newborn and affect their appearance, health and functioning. In some cases birth defects can decrease the lifespan of a baby or result in significant medical costs.


If you suspect your child’s birth defect or injury was the result of medical malpractice or negligent care during labor or pregnancy consult a certified birth defect lawyer today. A lawyer can assist you to identify your options and make a claim before the statute of limitations expires. A lawyer might also be in a position to negotiate an agreement on your behalf with the responsible parties for your child’s injuries.