How to File a Birth Defect Lawsuit
Modern technology and advances in medicine have greatly reduced the risk of childbirth. Birth defects or injuries continue to occur often.
A birth defect lawsuit seeks compensation for your child’s medical expenses or educational costs, among other expenses. You must prove that the medical professional in question has violated the standard medical care during or before the pregnancy or birth.
Damages
Pregnancy is one of the most exciting and nerve-wracking experiences a parent can experience. Parents want their children to be perfect, and doctors try to do their best to prevent birth defects from occurring. Unfortunately, carelessness and negligence on the part of medical professionals can increase the chance of birth injuries and birth defects. When this occurs, a stunned family ought to consider pursuing justice through a birth defect lawsuit.
A successful birth defect lawsuit could result in damages for a range of different things. These include a victim’s suffering and suffering and loss of consortium, medical expenses and lost 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 affected in their quality of life.
Environmental exposures can lead to birth injuries and birth defects. Studies have shown that pesticides, including fungicides and lead as well as heavy metals, paints, and heavy metals, could increase the risk of birth defects. Birth defect lawyers have filed lawsuits against companies that have exposed workers to these harmful chemicals, and against pharmaceutical companies who have manufactured drugs that could cause birth defects in fetuses, like DES.
If you think your child’s birth defect or birth injury was caused by medical malpractice, it is important to consult a skilled birth defect lawyer as soon as you can. In some states, you have only one year to file a medical malpractice lawsuit, and waiting more than that could result in losing your chance of getting the justice you are due for the injury your child sustained.
Statute of Limitations
A statute of limitations is a law that establishes the time limit for a person to file a civil lawsuit. If a person fails to meet the deadline will lose the right to sue a defendant for damages. Birth injury cases have more complicated statutes of limitations than other types of medical malpractice claims.
A lawsuit is usually filed against the medical professional or hospital that caused a patient’s injuries during labor and birth. These types of cases are typically known as birthing injury lawsuits or wrongful birth suits, though Florida’s laws allow parents to bring a medical malpractice lawsuit for an infant’s death.
In a medical malpractice lawsuit the injured party must prove the at-fault doctor was not adhering to the expected level of care and consideration any other medical professional would have utilized in similar circumstances. This includes failing in diagnosing an illness of serious severity like low levels of oxygen during childbirth that result in brain damage and cerebral palsy.
The first step to file a birth defect lawsuit is to contact an experienced attorney. The majority of lawyers offer free consultations to potential clients. If an attorney believes the claim of a client is legitimate they will go over the medical records of the client, and they will hire experts to evaluate them. They will also assist with the preparation of documents and file the medical malpractice lawsuit on time.
Expert Witnesses
In a case involving a birth injury, it is important to have experts who can explain medical procedures and practices to a jury. Expert witnesses can be difficult because they have to carefully review a vast amount of data in order to make a decision based on facts, not opinions. Additionally, they must be willing to testify on information that might contradict their positions.
In the Daubert Case the plaintiffs’ expert suggested that Bendectin was responsible for the birth defect in their child. The judge found that the evidence was at the “cutting edge of research in science, where reality is matched by theory, and certainty turns into probabilities.” However, the judge did not believe that there was sufficient evidence that Bendectin increased the chance of developing birth defects.
The Daubert ruling was a setback for plaintiffs, who had filed a lawsuit against pharmaceutical companies to achieve justice. There are numerous avenues that an injured party may pursue a birth defect lawsuit.
A Philadelphia birth defect lawyer can assist victims on whether they have an opportunity to file a claim. A lawyer can assist plaintiffs determine whether they are qualified to file an individual lawsuit or a class action. In some cases a lawyer may file a birth injury lawsuit as part of multidistrict lawsuit (MDL). Fill out the form to get a confidential and free consultation with an attorney.
Representation
Although the latest technology and advancements in the medical field have drastically reduced the chance of complications during childbirth and pregnancy however, they are not completely eliminated. If a birth defect injury occurs and the cause could have been avoided, parents may seek legal action to recover 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 conduct an ultrasound or make a mistake during surgery, leading to birth defects, such as spina bifida. Other common causes of a birth defect lawsuit include an ineffective medication for the mother or exposure to chemicals or other environmental hazards when the baby is developing in the womb.
A birth defect can affect any part of a newborn’s body and impact their health, function and appearance. In some instances, a birth defect can severely reduce a baby’s lifespan or result in a significant amount of medical costs.
If you believe the birth defect or injury was due to medical malpractice or negligent care during labor or pregnancy seek out a qualified birth defect lawyer today. A lawyer can assist you to determine your options and make a claim prior to the deadline for filing a claim expires. A lawyer can also negotiate a settlement with the parties accountable for the harm to your child.
