How to File a Birth Defect Lawsuit
Modern medical and technological advances have significantly decreased the risks of childbirth. But, a birth defect or injury still happens frequently.
A birth defect lawsuit seeks to compensate your child for medical expenses, education costs, and other losses. To pursue such an action, you must prove that medical professionals breached the standard of care prior to or during pregnancy or delivery.
Damages
Pregnancy is one of the most exciting and nerve-wracking moments in the life of a parent. Parents want their children to be perfect, and doctors attempt to do everything possible to stop birth defects from happening. Unfortunately, carelessness and negligence on the part of medical professionals can increase the chance of birth injuries and birth defects. Families who are shocked by this situation should consider suing for a birth defect.
A successful birth defect suit can result in damages for many different things. This includes suffering for the victim, loss of consortium and medical costs, as well as lost earning capacity. The amount of the damages a victim is awarded will depend on the severity of their child's medical condition and the extent to which it has affected with their quality of life.
Birth defects and birth injuries can be caused by a variety of factors that include environmental exposures. Studies have revealed that certain chemicals, such as pesticides, fungicides, lead, paints and heavy metals may 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 drugs that could cause birth defects in fetuses such as DES.
If you suspect that medical error caused the birth injury of your child or birth defect, it is recommended to seek out a birth defect lawyer immediately. In certain states, there's only one year to file a medical negligence suit, and waiting longer than that can mean losing your chance to get the justice you are due for the injury your child sustained.
Statute of limitations
A statute of limitations is a law which defines the deadline for when a person is allowed to file a civil lawsuit. If a person misses the deadline, they lose the right to claim damages from a defendant. Birth injury cases may have more complicated statutes of limitations than other kinds of medical malpractice claims.
A lawsuit is usually filed against the doctor or the hospital that caused injuries to a patient during labor and delivery. These cases are often called birthing injuries lawsuits or wrongful birth suits, though Florida's laws allow parents to bring a medical malpractice lawsuit to bring a child's death.
In order to prove medical malpractice, the party who suffered will need to show that the doctor who was at fault was not able to meet the level of care and consideration required by a different health healthcare provider in similar circumstances. This includes failing to diagnose a serious condition, such as low oxygen levels during childbirth which can cause brain damage and cerebral palsy.
The first step to file a birth defect lawsuit is to reach a skilled attorney. A majority of attorneys offer free consultations to prospective clients. If the attorney believes that a client has a valid claim they will look into medical records and appoint expert witnesses to assess the case. They will also assist with the preparation of documents and file the medical malpractice lawsuit on time.
Expert Witnesses
In a birth injury case it is essential to have experts who can explain medical procedures and practices before a jury. Expert witnesses aren't easy to work with since they have to carefully review huge quantities of information and make decisions based on evidence rather than their opinions. They also have to be willing to provide evidence on matters that may conflict with their position.
In the Daubert Case the plaintiffs' expert claimed that Bendectin is the reason for their child's birth defect. The judge ruled that the evidence was "at the forefront of scientific research where fact meets theories and certainty dissolves into probabilities." However the judge did not believe there was enough evidence to conclude that Bendectin caused birth defects.
The Daubert decision was a blow to plaintiffs that had sued pharmaceutical companies in seeking justice. Nonetheless, there are still many ways that an injured party may pursue a birth defect lawsuit.
A Philadelphia birth defect attorney can assist victims in determining whether they have a case. A lawyer can help plaintiffs determine whether they are eligible to file a lawsuit on their own or a class action. In some cases attorneys can make a claim for birth injury as part an interdistrict litigation. Fill out the form below to receive a private and free consultation with an attorney.
Representation
Modern technology and recent advancements in medical technology may have reduced the chance of complications arising during childbirth and pregnancy, but they are not completely eliminated. Parents may 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 properly diagnose or treat a condition. For instance, a doctor might fail to conduct an ultrasound test or make mistakes during surgery, resulting in a birth defect like spina bifida. Birth defects can also be caused by improper medication that is taken by the mother, or exposure to chemicals and other environmental hazards during the baby's development in the womb.
A birth defect can affect any part of the newborn's body which can affect their appearance, health and performance. In some cases, a birth defect can drastically reduce a baby's life expectancy or lead to a significant amount of medical costs.
Contact a
birth defect lawyer today if you believe that your child's birth injury or defect was caused by medical negligence or negligence during labor or pregnancy. A lawyer can assist you identify your options and submit a claim before the time limit expires. A lawyer may also be competent to negotiate a settlement on behalf of you with the parties responsible for the injuries your infant sustained.