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 reimbursement for your child's medical expenses education costs, as well as other losses. You must prove that the medical professional involved breached the standard of care prior to or during the birth or during pregnancy.
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 try to do all they can to stop birth defects from occurring. Unfortunately, negligence and carelessness on the part of medical professionals can increase the risk of birth injuries and birth defects. In the event of this happening, a stunned family might want to pursue justice via a birth defect lawsuit.
A successful birth defect lawsuit may result in damages for a multitude of different things. These include a victim's pain and suffering, loss of consortium, medical expenses, and loss of earning capacity. The amount of damages a victim will receive will depend on the degree of their child's health and the extent to which it has affected in their quality of life.
Birth injuries and birth defects can be caused by a variety of factors that include environmental exposures. Studies have proven that certain chemicals, like pesticides, fungicides and lead, as well as paints and heavy metals can increase the likelihood of birth defects. Birth defect lawyers have brought lawsuits against companies that have exposed workers to these hazardous chemicals, as well as against pharmaceutical companies who have manufactured products that cause birth defects in fetuses like DES.
If you suspect that your child's birth defect or birth injury was caused by medical negligence, you must consult a skilled birth defect lawyer as quickly as possible. In some states, there is only one year to file a medical negligence suit, and waiting any longer than that can mean losing the chance to receive the justice you deserve for your child's injury.
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 may be more complex in terms of the time limit than other medical malpractice claims.
A lawsuit is typically filed against the medical professional or hospital that caused a patient's injuries during labor and birth. These cases are often known as birthing injuries lawsuits or wrongful birth lawsuits however Florida's laws allow parents to file a malpractice suit for the death of an infant.
In a medical malpractice case the injured party must prove the at-fault doctor did not follow the standards of care and consideration any other medical professional would have applied in similar circumstances. This includes failing in diagnosing a serious condition, such as low levels of oxygen during childbirth that can cause cerebral palsy or brain damage.
The first step in filing a birth defect lawsuit is to speak with a skilled attorney. Many attorneys provide free consultations to potential clients. If the attorney is convinced that a client has a valid claim, they will examine medical records and employ expert witnesses to assess them. They can also assist in the preparation of documents and file the medical malpractice lawsuit in time.
Expert Witnesses
In the case of a birth injury it is crucial to have experts who can explain medical procedures and practices before a jury. Expert witnesses can be difficult to work with as they must be able to scrutinize massive quantities of information and be able to make decisions based on evidence rather than opinions. Furthermore, they should be willing to testify on facts that could contradict their beliefs.
In the Daubert case the plaintiffs' experts argued that Bendectin had caused their child's birth defects. The judge concluded that the evidence was on the "cutting edge of research in science, where reality meets theory, and certainty transforms into probability." However the judge did not believe that there was sufficient evidence to support the claim that Bendectin doubled a baby's risk of developing birth defects.
The Daubert ruling was a setback to the plaintiffs, who had sued pharmaceutical companies to try and achieve justice. Nonetheless, there are still various ways in which the injured party could pursue a birth defect lawsuit.
A Philadelphia
birth defect lawyer can help victims about whether they are eligible for a claim. Lawyers can assist victims determine if they're eligible to file a lawsuit on their own or a class action. In certain situations, a lawyer can file a birth injury lawsuit as part of multidistrict lawsuit (MDL). Please fill out the form below to get a confidential and free consultation with an attorney.
Representation
Modern technology and recent advances in the field of medicine could have decreased the risk of complications occurring during pregnancy and childbirth, but they're not entirely eliminated. When a birth defect or injury occurs, and the cause could have been avoided, parents can pursue legal action to cover costs related to treatment.
Medical negligence cases typically result from a doctor's inability to identify or treat a condition. For instance, a doctor might fail to conduct an ultrasound screening or make an error during surgery, resulting in a birth defect similar to spina bifida. Other causes that can lead to a
birth defect lawsuit include an ineffective medication for the mother or exposure to chemicals or other environmental hazards while the baby is developing in the womb.
A birth defect can affect any part of a newborn's body, and impact their health, function and appearance. In certain instances, a birth defect can severely reduce a baby's life expectancy or lead to an enormous amount of medical costs.
If you suspect the birth defect or injury was caused by medical malpractice or negligent care during pregnancy or labor get in touch with a reputable birth defect lawyer today. A lawyer can assist you to discover your options and make a claim before the time limit expires. A lawyer may also be able to negotiate an agreement on behalf of you with the responsible parties for your child's injuries.