How to File a Birth Defect Lawsuit
Modern technology and medicine have dramatically reduced the risk of childbirth. Birth defects or injuries still occur frequently.
A birth defect lawsuit seeks compensation for your child’s medical expenses education costs, as well as other losses. You must prove that the medical professional you are suing did not follow the standard of care during or before the pregnancy or birth.
Damages
Pregnancy is among the most exciting and stressful experiences a parent can experience. Parents want their babies to be perfect, and doctors attempt to do all they can to prevent birth defects from occurring. However, carelessness and negligence on the part of medical practitioners can increase the chance of birth defects and injuries. A family that is stricken by this incident should think about the possibility of suing over a birth defect.
A successful birth defect lawsuit could result in damages for many 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 the victim will be awarded is contingent on the severity of the child’s illness and how it has affected their quality of life.
Environmental exposures can result in birth injuries and birth defects. Studies have proven that pesticides, including fungicides and lead and paints, heavy metals and heavy metals, could increase the risk of birth defects. Birth defect lawyers have filed lawsuits against companies that exposed workers to harmful chemicals, and against pharmaceutical companies who have manufactured medications that can cause birth defects in fetuses such as DES.
If you suspect that your child’s birth defect, or birth injury is the result of medical malpractice, you should seek out a skilled birth defect lawyer as quickly as you can. In some states, you only have one year to file a lawsuit for medical malpractice. If you delay, it 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 time frame for which a person has to file a civil lawsuit. If a claimant fails to file by the deadline, they will lose the right to claim damages from a defendant. Birth injury cases could have more complex statutes of limitations than other types of medical malpractice claims.
A lawsuit is typically filed against the hospital or doctor that caused injuries to a patient during labor and delivery. These cases are often referred to birthing injury suits or wrongful birth lawsuits, however Florida’s laws allow parents to file a malpractice lawsuit in the event of the death of a child.
In order to prove medical malpractice, the party who suffered must prove that the doctor responsible was not able to meet the standards of care and consideration expected by another health healthcare provider in similar situations. This includes not being able to identify a serious illness, such as low levels of oxygen during childbirth which can cause cerebral palsy or brain damage.
Finding a reputable attorney is the first step to file a lawsuit for birth defects. Most attorneys offer free consultations to prospective clients. If the attorney believes that a client has a valid case, they will look over medical records and employ experts to evaluate their credibility. They will also help prepare documents and file the medical malpractice lawsuit on time.
Expert Witnesses
In a birth injury case it is crucial to have experts who can explain medical practices and procedures before a jury. Expert witnesses can be difficult to work with since they have to carefully review huge amounts of information and be able to make decisions based on evidence rather than their opinions. Furthermore, they should be willing to testify about facts that could contradict their beliefs.
In the Daubert case, the plaintiffs’ experts suggested that Bendectin contributed to their child’s birth defects. 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 did not believe there was sufficient evidence to prove that Bendectin caused birth defects.
The Daubert ruling was a setback for the plaintiffs, who had filed a lawsuit against pharmaceutical companies to obtain justice. There are many avenues for a person who has suffered injury to pursue a lawsuit over the birth defect attorney defect.
A Philadelphia birth defect lawyer will assist the victims to determine whether they’re eligible for a claim. Lawyers can assist plaintiffs determine if they are eligible to file a personal lawsuit or a class action. In certain situations, a lawyer can file a birth injury lawsuit in the context of multidistrict litigation (MDL). Fill out the form to get a confidential and free consultation with an attorney.
Representation
Although the latest technology and advances in medicine have greatly reduced the risk of complications during childbirth and pregnancy but they aren’t completely eliminated. Parents can pursue legal action if a birth defect or birth injury occurs, and the cause could have been prevented.
Medical negligence claims are usually due to a doctor’s failure to diagnose or treat an illness. A doctor might fail to perform an ultrasound or make a mistake during surgery, leading to birth defects like spina bifida. Other causes that can lead to birth defect lawsuits include an ineffective medication for the mother or exposure to chemicals or other environmental hazards while the baby develops in the womb.
A birth defect could affect any part of the body of a newborn that can affect their appearance, health and functionality. In some cases, a birth defect can severely reduce a baby’s life expectancy, or cause an enormous amount of medical costs.
Contact an attorney for birth defects today if you believe that the birth defect or injury was caused by medical negligence or mistakes during labor or pregnancy. A lawyer can assist you discover your options and make a claim before the deadline for filing a claim expires. A lawyer can also negotiate a settlement with the responsible parties for the injuries suffered by your infant.
