How to File a Birth Defect Lawsuit
Modern medical technology and medicine have drastically reduced the risks of childbirth. Birth defects or injuries occur often.
A birth defect lawsuit seeks reimbursement for medical expenses of your child education costs, as well as other expenses. You must prove that the medical professional you are suing breached the standard of care during or before the pregnancy or birth.
Damages
Pregnancy is among the most exciting and nerve-wracking times in a parent's life. Parents want their children to be perfect, and doctors strive to do everything possible to prevent birth defects from happening. Unfortunately, carelessness and negligence on the part of medical practitioners can increase the risk of birth injuries and birth defects. A family that is shocked by this situation should consider seeking legal action for a birth defect.
A successful birth defect lawsuit could result in damages for a range of different things. This includes suffering and pain for the victim, loss of consortium and medical expenses, in addition to lost earning capacity. The amount of damages a victim receives will depend on the severity of their child's illness and the extent to which it has impacted with their quality of life.
Birth injuries and birth defects can be caused by a variety of causes, including exposure to environmental factors. Studies have shown that certain chemicals such as pesticides, fungicides, lead, heavy metals and paints can increase the chances of birth defects. Birth defect lawyers have filed lawsuits against companies that exposed employees to harmful chemicals as well as pharmaceutical companies that produce drugs such as DES that can cause birth defects in fetuses.
If you suspect medical malpractice caused your child's birth injury or birth defect, consult a birth defect lawyer immediately. In some states, there's only one year to file a medical negligence suit, and waiting any longer than that could result in losing the chance to receive the justice you need for your child's injuries.
Statute of Limitations
A statute of limitation is a law that sets the time limit for someone to file an action in civil court. If a person fails to meet the deadline, they lose the right to claim damages from the defendant. Birth injury claims have a more complicated time limit than other medical malpractice claims.
A lawsuit is typically filed against the hospital or doctor who caused the patient's injuries during labor and delivery. These cases can be referred to birthing injury suits or wrongful birth lawsuits, however Florida's laws permit parents to file a malpractice suit in the event of the death of a child.
In a medical malpractice case, the injured party must prove that the doctor at fault did not adhere to the standard of care and consideration that another health care provider would have used in similar circumstances. This includes failing to recognize a serious condition, such as low levels of oxygen in the childbirth process that can cause brain damage and cerebral palsy.
Contacting a qualified attorney is the first step to filing an action for
birth defect law firms defects. A majority of attorneys offer free consultations to prospective clients. If an attorney believes that the client's claim is legitimate they will look over the medical records of the client and hire experts to analyze them. They can also assist in the preparation of 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 practices and procedures before a jury. However, expert witnesses can be difficult to work with as they must be able to scrutinize massive amounts of data and be able to make decisions based on facts rather than opinions. They should also be prepared to provide evidence on matters that may conflict with their opinion.
In the Daubert Case the plaintiffs' expert suggested that Bendectin is the reason for their child's birth defect. The judge concluded that the evidence was "at the cutting-edge of scientific research, where evidence 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 plaintiffs, who had suing pharmaceutical companies to try and get justice. There are numerous avenues that the injured party could pursue a lawsuit for birth defects.
A Philadelphia birth defect lawyer can assist those suffering from birth defects to determine whether they're eligible for a claim. A lawyer can help plaintiffs determine if they are eligible to file a personal lawsuit or a class action. In some cases attorneys can make a claim for birth injury as part a multidistrict lawsuit. Please fill out the form below for a confidential and free consultation with an attorney.
Representation
Modern technology and recent advances in medicine may have decreased the chance of complications occurring during pregnancy and childbirth but they're still not completely eliminated. Parents can take legal action if they suffer a birth injury or defect occurs, and the reason could have been avoided.
Medical negligence claims typically result from a doctor's inability to properly diagnose or treat a problem. A doctor might fail to perform an ultrasound or make a mistake in surgery, leading to birth defects, such as 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 as the baby develops in the womb.
A birth defect can affect any part of the body of a baby and impact their health, function and appearance. In some cases birth defects can shorten the life expectancy of a newborn or lead to substantial medical expenses.
If you think the birth defect or injury is the result of medical malpractice or negligent care during labor or birth, contact a qualified birth defect attorney today. 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 capable of negotiating an agreement on your behalf with the parties accountable for your child's injuries.