Write About Everything

How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have significantly reduced the risks associated with birth. Birth defects or injuries continue to occur frequently.


A birth defect lawsuit seeks to compensate your child for medical expenses, education costs and other losses. You must prove that the medical professional in question has violated the standard medical treatment prior to or during the birth or delivery.

Damages

Pregnancy can be one of the most exciting but nerve-wracking moments during the lifetime of a parent. Parents want their babies to be perfect and doctors do everything they can to avoid birth defects. Unfortunately, negligence and carelessness on the part of medical professionals can increase the risk of birth injuries and birth defects. A family that is shocked by this news should think about the possibility of suing over a birth defect.

A successful birth defect lawsuit could result in damages for a range of different things. This includes pain and suffering for the victim, loss of consortium and medical expenses, not to mention loss of earning capacity. The amount of compensation the victim will receive is contingent on the degree of the child’s health and how much it has affected their standard of life.

Birth defects and birth injuries can be caused by a number of causes that include exposure to environmental factors. Studies have revealed that pesticides like lead and fungicides, as well heavy metals, paints, and heavy metals, could increase the risk of birth defects. Birth defect lawyers have brought suits against companies that exposed workers to these hazardous chemicals, as well as against pharmaceutical companies who have manufactured drugs that can cause birth defects in fetuses like DES.

If you suspect that medical error caused the birth injury of your child or birth defect, you should consult a lawyer for birth defects immediately. In some states, you have only one year to file a medical negligence suit, and waiting any longer than that could mean losing the chance to receive the justice you have earned for your child’s injury.

Statute of limitations

A statute of limitation is a law that defines the deadline for filing a civil lawsuit. Anyone who fails to meet the deadline will lose the right to seek damages from a defendant. Birth injury cases may have more complex statutes of limitations than other types of medical malpractice cases.

A lawsuit is usually brought against the doctor or hospital who caused injury to an individual during labor and delivery. These cases can be referred to birthing injury suits or wrongful birth lawsuits, however, Florida’s laws allow parents to file a malpractice suit in the event of the death of a child.

In a medical malpractice case the victim must prove the at-fault doctor failed to adhere to the expected level of care and consideration that any other medical professional would have followed in similar circumstances. This includes failing to diagnose serious conditions like low oxygen levels during childbirth that can cause cerebral palsy and brain damage.

Contacting a qualified attorney is the first step to filing an action for birth defects. Many attorneys provide free consultations and case review to potential clients. If an attorney believes the client’s claim is legitimate they will go over the medical documents of the client and employ experts to analyze the records. They can also assist in the preparation of documents and file the medical malpractice lawsuit in time.

Expert Witnesses

In a case with birth injuries, it is vital to have medical experts who are able to provide a jury with the medical procedures and practices. However, expert witnesses aren’t easy to work with since they must carefully examine massive amounts of information and make decisions based on the facts rather than opinions. They also have to be willing to testify on evidence that might contradict their opinion.

In the Daubert Case the plaintiffs’ expert believed that Bendectin was responsible for the birth defect in their child. The judge ruled that the evidence was “at the forefront of research in science where fact meets theories, and certainty dissolves into probabilities.” However the judge was not convinced there was enough evidence to conclude that Bendectin caused birth defects.

The Daubert decision was a blow to plaintiffs who had filed lawsuits against pharmaceutical companies in the hope of obtaining justice. Nonetheless, there are still many avenues for the injured party could pursue a lawsuit for birth defects.

A Philadelphia birth defect lawyer can assist victims in determining whether they are a victim. Lawyers can assist victims determine if they’re eligible to file a personal lawsuit or a class action. In certain cases lawyers may be able to bring a birth injury lawsuit as part of a multidistrict litigation (MDL). Fill out the form below for a confidential and free consultation with an attorney.

Representation

Modern technology and recent advances in medicine may have decreased the chance of complications occurring during pregnancy and childbirth, but they’re not completely eliminated. If a birth defect injury occurs and the cause was preventable, parents can pursue legal action to pay for the costs associated with treatment.

Medical negligence claims tend to be based on a doctor’s failure diagnose or treat a condition. A doctor might fail to perform an ultrasound or make a mistake in surgery, leading to a birth defect such as spina bifida. Birth defects can be caused by the wrong medication that is taken by the mother, or exposure to chemicals or other environmental hazards during the baby’s development during the womb.

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

If you believe your child’s birth defect or injury was due to negligence or medical malpractice during labor or birth get in touch with a reputable birth defect lawyer today. birth defect lawyer decatur can explain your options and help you make a claim prior the time limit expiring. A lawyer can also negotiate an agreement with the responsible parties for the injury suffered by your child.