How to File a Birth Defect Lawsuit
Modern technology and advancements in medicine have dramatically reduced the risk of the birth of a child. But, a birth defect or injury still happens frequently.
A birth defect lawsuit seeks to compensate your child for medical expenses, educational costs and other damages. To pursue a claim, you need to demonstrate that medical professionals did not meet the standard of care prior to or during pregnancy, or during the delivery.
Damages
Pregnancy is one of the most exciting and stressful experiences a parent can experience. Parents want their children to be perfect, and doctors strive to do everything they can to stop birth defects from happening. Medical negligence and carelessness could increase the risk for birth defects and injuries. When this happens an astonished family might want to pursue justice via a birth defect lawsuit.
A successful birth defect lawsuit could result in damages for a variety 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 damages that the victim will be awarded is contingent on the severity of the child's medical condition and how much it has affected their standard of living.
Environmental exposures can result in birth defects and birth injuries. Research has shown that certain chemicals such as pesticides, fungicides and lead, as well paints, and heavy metals can increase the chance of birth defects.
Birth defect lawyers have brought suits against businesses that have exposed workers to these hazardous chemicals, as well as against pharmaceutical companies that have made medications that can cause birth defects in fetuses such as DES.
If you suspect that your child's birth defect or injury was the result of medical malpractice, it is important to seek out a skilled birth defect lawyer as quickly as you can. In certain states, there's only one year to file a medical negligence suit, and waiting longer than that may mean losing your chance to get the justice you deserve for your child's injury.
Statute of limitations
A statute of limitations is a law that establishes the deadline for when a person is allowed to file a civil lawsuit. If a person misses the deadline, they lose the right to collect damages from the 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 medical professional or hospital that caused injuries to a patient during labor and delivery. These cases are commonly called birthing injury lawsuits or wrongful birth suits, though Florida's laws allow parents to file a medical malpractice suit in the event of a baby's death.
In order to prove medical malpractice, the victim will need to show that the doctor at fault didn't adhere to the standards of care and consideration expected by another health care provider in similar circumstances. This could include failing to recognize an illness that is serious, for example, low oxygen levels in childbirth that can cause cerebral palsy and brain damage.
The first step in filing a
birth defect lawsuit is to speak with a skilled attorney. The majority of lawyers offer free consultations and case review to potential clients. If the attorney believes that a client has a valid claim they will look into medical records and employ experts to evaluate their credibility. They will also assist in preparing documents and file the medical malpractice suit within time.
Expert Witnesses
In a birth injury case, it is important to have experts who can explain medical procedures and practices to a jury. However, expert witnesses can be difficult to work with since they must carefully examine massive amounts of data and make decisions based on facts rather than their opinions. They must also be able to testify regarding facts that could contradict their beliefs.
In the Daubert Case, the plaintiffs' expert believed that Bendectin caused the birth defect in their child. The judge concluded that the evidence was at the "cutting edge of research in science, where fact meets theory, and certainty transforms into probabilities." However the judge did not believe there was enough evidence that Bendectin doubled a baby's chance of developing birth defects.
The Daubert decision was a blow to plaintiffs that had filed lawsuits against pharmaceutical companies in seeking justice. There are a variety of avenues an injured person can file a lawsuit for the birth defect.
A Philadelphia birth defect lawyer can assist victims on whether they're eligible for claims. Lawyers can assist clients determine if they're eligible to file a lawsuit as an individual or a class action. In certain cases an attorney may be able to file a lawsuit for birth injury as part a multidistrict litigation. Complete the form below to receive a confidential and free consultation with an attorney.
Representation
Although the advancements in technology and developments in the field of medicine have significantly reduced the risk of complications during pregnancy and childbirth However, they aren't eliminated. If a birth defect or injury occurs and the cause is preventable, parents may seek legal action to pay for the costs related to 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 in surgery, leading to birth defects, such as spina bifida. Other causes for a birth defect lawsuit comprise an ineffective medication for the mother or exposure to chemicals or other environmental dangers while the baby develops in the womb.
A birth defect can affect any part of the body of a newborn and affect their health, appearance and function. In some cases birth defects can severely reduce a baby's lifespan or result in a significant amount of medical costs.
Contact a
birth defect lawyer today if you believe that your child's birth defect or birth injury was caused by medical negligence or mistakes during labor or pregnancy. A lawyer can assist you in understanding your options and help make a claim before the statute of limitations expiring. A lawyer may also be competent to negotiate the settlement on your behalf with the parties responsible for your infant's injury.