How to File a Birth Defect Lawsuit
Modern medical technology and medicine have drastically decreased the risks of childbirth. Birth defects or injuries occur frequently.
A birth defect lawsuit seeks to pay your child's medical expenses, education costs as well as other losses. You must prove that the medical professional you are suing violated the standard care during or before pregnancy or delivery.
Damages
Pregnancy is among the most exciting and stressful moments in the life of a parent. Parents want their babies to be perfect, and doctors strive to do all they can to prevent birth defects from happening. However, carelessness and negligence on the part of medical professionals can increase the risk of birth defects and injuries. A family who is shocked by this situation should consider the possibility of suing over a birth defect.
A successful birth defect lawsuit may result in damages for a variety of different things. These include a victim's pain and suffering, loss of consortium, medical expenses, and loss of earning capacity. The amount of damages a victim will receive will depend on the degree of their child's health and the extent to which it has affected with their daily life.
Environmental exposures can result in birth defects and birth injuries. Studies have proven that certain chemicals like pesticides, fungicides, lead, heavy metals and paints can increase the risk of birth defects.
Birth defect lawyers have filed suits against businesses that have exposed workers to toxic chemicals, as well against pharmaceutical companies that have produced medications that can cause birth defects in fetuses such as DES.
If you suspect medical malpractice caused the birth injury of your child or birth defect, you must seek out a birth defect lawyer immediately. In certain states, you have only one year to file a medical malpractice suit, and waiting longer than that could mean 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 which establishes the deadline for an individual to file an action in civil court. If a claimant fails to file by the deadline, they will lose their right to recover 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 filed against the doctor or the hospital that caused a patient's injuries during labor and delivery. These cases can be known as birthing injuries lawsuits or wrongful birth lawsuits however Florida's laws permit parents to file a malpractice lawsuit for the death of an infant.
In a medical malpractice case the injured party must prove that the doctor at fault failed to adhere to the standards of care and consideration that other health care providers would have applied in similar circumstances. This includes failing to diagnose a serious illness, such as low oxygen levels during childbirth which can result in cerebral palsy and brain damage.
Finding a reputable attorney is the first step to filing a lawsuit against birth defects. The majority of lawyers offer free consultations and reviews of cases to prospective clients. If an attorney believes the client's claim is legitimate they will look over the medical records of the client and employ experts to evaluate them. They will also assist with the preparation of documents and file the medical malpractice suit on time.
Expert Witnesses
In a case involving birth injuries it is essential to have experts who can explain medical practices and procedures before a jury. However, expert witnesses aren't easy to work with because they must scrutinize huge quantities of information and make decisions based upon facts rather than their opinions. They must also be willing to testify about facts that might conflict with their positions.
In the Daubert case, the plaintiffs' experts suggested that Bendectin had caused their child's birth defects. The judge ruled that the evidence was "at the forefront of scientific research, where science meets theories, and certainty dissolves into probabilities." However the judge was not convinced there was enough proof that Bendectin caused birth defects.
The Daubert ruling was a setback for the plaintiffs, who had suing pharmaceutical companies to get justice. There are many avenues for an injured party to bring a lawsuit based on a birth defect.
A Philadelphia
birth defect lawyer can advise victims about whether they have an opportunity to file a claim. A lawyer can assist clients determine if they're qualified to file a lawsuit on their own or a class action. In certain cases lawyers can start a lawsuit for birth injuries as part of multidistrict litigation. Please fill out the form below to receive a confidential and free consultation with an attorney.
Representation
Modern technology and recent advancements in medicine may have reduced the chance of complications occurring during pregnancy and childbirth but they're still not completely eliminated. If a birth defect or injury occurs, and the cause was preventable, parents can seek legal action to recover the costs associated with treatment.
Medical negligence claims typically result from a doctor's inability to identify or treat a problem. For instance, a physician may not perform an ultrasound test or make a mistake during surgery, which could result in a birth defect similar to spina bifida. Birth defects can be caused by a wrong medication taken by the mother or exposure to chemicals and other environmental dangers that can affect the development of the baby during the womb.
A birth defect can affect any part of the body of a baby and affect their health, function and appearance. In certain cases birth defects may reduce a baby's lifespan or cause significant medical costs.
Contact a
birth defect attorney defect lawyer immediately if you believe your child's birth defect or injury was caused by medical negligence or mistakes during labor or pregnancy. A lawyer can help you discover your options and submit a claim before the deadline for filing a claim expires. A lawyer may also be able to negotiate an agreement on behalf of you with the responsible parties for your infant's injury.