How to File a Birth Defect Lawsuit
Modern technology and advancements in medicine have dramatically reduced the risk of childbirth. But, a birth defect or injury still occurs frequently.
A birth defect lawsuit seeks reimbursement for medical expenses of your child or educational costs, among other expenses. You must prove that the medical professional in question has violated the standard medical treatment during or prior to the pregnancy or birth.
Damages
Pregnancy can be one of the most exciting, but nerve-wracking moments in the life of a parent. Parents want their children to be perfect, and doctors work to do everything possible to stop birth defects from occurring. However, carelessness and negligence on the part of medical practitioners can increase the risk of birth injuries and birth defects. If this happens, a stunned family may want to seek justice through a birth defect lawsuit.
A successful
birth defect lawsuit may result in damages for a range of different things. This includes suffering and pain for the victim along with loss of consortium and medical expenses, in addition to 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.
Birth injuries and birth defects can be caused by a variety of factors, including exposure to environmental factors. Research has shown that certain chemicals such as pesticides, fungicides and lead, as well paints and heavy metals can increase the chances of birth defects. Birth defect lawyers have filed lawsuits against companies that exposed workers to toxic chemicals, as well against pharmaceutical companies that have developed drugs that could cause birth defects in fetuses such as DES.
If you believe that your child's birth defect or birth injury is the result of medical malpractice, it is important to consult a reputable birth defect lawyer as soon as you can. In certain states, you only have one year to file a lawsuit claiming 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 defines the time limit for someone to file a civil lawsuit. Anyone who fails to meet a deadline loses the right to claim damages against a defendant. Birth injury cases can have more complex statutes of limitations than other kinds of medical malpractice claims.
A lawsuit is usually filed against the doctor or hospital that caused a patient's injuries during labor and delivery. These cases are sometimes referred to as birthing injury lawsuits or wrongful birth lawsuits however Florida's laws allow parents to file a malpractice lawsuit for the death of a baby.
To prove medical negligence, the person who was injured must prove that the doctor at fault did not adhere to the level of care and consideration required by a different health healthcare provider in similar circumstances. This includes failing in diagnosing an illness of serious severity such as low levels of oxygen during childbirth that result in cerebral palsy and brain damage.
The first step to file a birth defect lawsuit is to reach an experienced attorney. A majority of attorneys offer free consultations and case review to potential clients. If the attorney believes that a client has a valid case, they will look over medical records and employ experts to examine their credibility. They will also assist in preparing documents and file the medical malpractice lawsuit within time.
Expert Witnesses
In a case that involves birth injuries, it's essential to have medical experts that can explain to a jury the medical procedures and practices. Expert witnesses can be difficult to work with because they must carefully examine massive amounts of information and be able to make decisions based upon facts rather than opinions. Additionally, they must be willing to testify about facts that could contradict their views.
In the Daubert case the plaintiffs' experts argued that Bendectin was the cause of their child's
birth defects. The judge ruled that the evidence was at the "cutting edge of scientific research, where evidence meets theory and certainty dissolves into probabilities." However the judge did not believe that there was sufficient evidence to prove that Bendectin doubled a baby's chance of developing birth defects.
The Daubert ruling was a setback for the plaintiffs who had sued pharmaceutical companies to achieve justice. However, there are various ways in which an injured person could pursue a birth defect lawsuit.
A Philadelphia birth defect lawyer can advise victims on whether they're eligible for a right to sue. A lawyer can decide if the plaintiff is eligible to file a suit on their own or as part of a class action. In some cases, an attorney can bring a lawsuit on behalf of a birth injuries as part a multidistrict lawsuit. To get started, fill out the form below for a an initial consultation for free and confidential with a reputable lawyer.
Representation
Although the latest technology and advances in medicine have greatly reduced the risk of complications during childbirth and pregnancy, they are not entirely eliminated. When a birth defect or injury occurs and the cause was preventable parents may pursue legal action to recover the costs associated with treatment.
Medical negligence claims often stem from a doctor's failure to identify or treat a problem. For instance, a doctor may fail to conduct an ultrasound test or make a mistake during surgery, which could result in a
birth defect like spina bifida. Other causes that can lead to a birth defect lawsuit include inadequate medication for the mother or exposure to chemicals or other environmental hazards while the baby is growing in the womb.
A birth defect can affect any part of the body of a baby and affect their health, functioning and appearance. In some instances, a birth defect can drastically reduce a baby's life expectancy or result in a significant amount of medical expenses.
If you suspect the birth defect or injury is the result of medical malpractice or negligent care during labor or birth seek out a qualified birth defect lawyer today. A lawyer can help determine your options and submit a claim before the statute of limitations runs out. A lawyer may also be in a position to negotiate an agreement on your behalf with the parties accountable for the injuries your infant sustained.