How to File a Birth Defect Lawsuit
Modern medicine and technology have greatly decreased the risks of childbirth. Birth defects or injuries occur often.
A birth defect lawsuit seeks to recover for your child's medical expenses education costs, as well as other losses. To pursue claims, you must prove that medical professionals violated the standard of medical care prior to pregnancy or during the delivery.
Damages
Pregnancy can be one of the most exciting yet nerve-wracking times in the life of a parent. Parents want their babies to be perfect, and doctors try to do everything possible to prevent birth defects from occurring. Medical negligence and carelessness can increase the risk for birth defects and injuries. If this happens an astonished family should consider seeking justice through a birth defect lawsuit.
A successful birth defect lawsuit can result in damages for a variety of different things. This can include pain and suffering for the victim along with loss of consortium and medical expenses, as well as loss of earning capacity. The amount of damages the victim will receive is contingent on the severity of the child's illness and how it has affected their quality of living.
birth defect law firms defects and birth injuries can be caused by a number of causes, including exposure to environmental factors. Research has shown that certain chemicals such as pesticides, fungicides and lead, as well as heavy metals and paints can increase the risk of birth defects. Birth defect lawyers have filed lawsuits against companies that have exposed workers to these hazardous chemicals, as well as against pharmaceutical companies that have made products that cause birth defects in fetuses such as DES.
If you believe that your child's birth defect or birth injury was the result of medical negligence, you must consult a reputable birth defect lawyer as soon as possible. In certain states, you only have one year to file a medical negligence lawsuit, and waiting more than that can mean losing your chance to get the justice you have earned for your child's injury.
Statute of Limitations
A statute of limitations is a
law that defines how long a person has to file a civil lawsuit. If a person misses the deadline, they lose the right to collect damages from the defendant. 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 who caused the patient's injuries during labor and delivery. These cases are often referred to as birthing injury lawsuits or wrongful birth suits though Florida's laws allow parents to bring a medical malpractice lawsuit to bring a child's death.
In a medical malpractice lawsuit, the injured party must prove that the doctor at fault was not adhering to the standard of care and consideration other health care providers would have used in similar circumstances. This includes failing to recognize a serious condition like low levels of oxygen during childbirth that result in cerebral palsy or brain damage.
The first step in filing a birth defect lawsuit is to contact a skilled attorney. The majority of lawyers offer free consultations and reviews of cases to prospective clients. If the lawyer believes that a client has a valid claim they will look over medical records and appoint experts to examine the evidence. They will also help prepare documents and file the medical malpractice lawsuit on time.
Expert Witnesses
In cases with birth injuries, it's essential to have medical experts that can provide a jury with the medical practices and procedures. Expert witnesses can be difficult since they must scrutinize the vast amount of information to be able to make decisions based on facts, not opinions. Furthermore, they should be prepared to testify about facts that might conflict with their beliefs.
In the Daubert Case, the plaintiffs' expert suggested that Bendectin is the reason for the birth defect in their child. The judge ruled that the evidence was "at the cutting-edge of scientific research, where evidence meets theories and the certainty is transformed into probabilities." However, he did not believe there was enough evidence to conclude that Bendectin caused birth defects.
The Daubert ruling was a setback to the plaintiffs, who had filed a lawsuit against pharmaceutical companies to try and obtain justice. However, there are many ways that an injured party may pursue a birth defect lawsuit.
A Philadelphia birth defect lawyer can help victims about whether they have a right to sue. A lawyer can help clients determine if they're eligible to file an individual lawsuit or a class action. In some cases, a lawyer can file a
birth defect law firm injury lawsuit as part of multidistrict lawsuit (MDL). To get started, fill out the form here for the opportunity to have a no-cost and confidential consultation with a licensed lawyer.
Representation
While modern technology and recent developments in the field of medicine have significantly reduced the risk of complications during childbirth and pregnancy However, they aren't eliminated. Parents can pursue legal action if a birth injury or defect occurs, and the cause could have been prevented.
Medical negligence claims often stem from a doctor's failure to recognize or treat a condition. For instance, a doctor may not perform an ultrasound exam or make a mistake during surgery, which could result in a birth defect such as 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 as the baby is growing in the womb.
A birth defect can affect any part of a newborn's body and affect their health, function and appearance. In some cases birth defects can dramatically reduce a child's life expectancy, or cause an enormous amount of medical costs.
If you suspect that the birth defect or injury is the result of medical malpractice or negligent care during labor or birth get in touch with a reputable birth defect lawyer today. A lawyer can help you understand your options and submit a claim before the statute of limitations expires. A lawyer may also be in a position to negotiate an agreement on behalf of you with the parties accountable for your child's injuries.