How to File a Birth Defect Lawsuit
Modern medical and technological advances have significantly reduced the risk of childbirth. But, a
birth defect or injury still occurs frequently.
A birth defect lawsuit seeks reimbursement for medical expenses of your child education costs, as well as other expenses. To be able to pursue a claim, you must prove that medical professionals violated the standard of care before or during pregnancy or during the delivery.
Damages
Pregnancy is one of the most exciting and nerve-wracking moments in the life of a mother. Parents want their babies to be perfect, and doctors attempt to do everything possible to stop birth defects from happening. 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 families that are shocked should consider seeking justice through a birth defect lawsuit.
A successful birth defect lawsuit could result in damages for a variety of different things. This includes suffering and pain for the victim along with loss of consortium and medical expenses, not to mention lost earning capacity. The amount of damages that the victim will receive is contingent on the severity of the child's illness and how much it has affected their quality of living.
Birth injuries and birth defects can be caused by a variety of factors such as environmental exposures. Research has shown that certain chemicals, like pesticides, fungicides and lead, as well as heavy metals and paints can increase the likelihood of birth defects. Birth defect lawyers have filed lawsuits against companies that exposed workers to these hazardous chemicals, as well as against pharmaceutical companies who have manufactured products that cause birth defects in fetuses such as DES.
If you suspect that your child's birth defect, or birth injury was caused by medical negligence, you must speak with a skilled birth defect lawyer as quickly as you can. In certain states, you have only one year to file a medical negligence suit, and waiting longer than that could mean losing your chance of getting the justice you have earned for your child's injury.
Statute of limitations
A statute of limitations is a law which defines the time limit for a person to file a civil action. If someone misses the deadline, they will lose the right to collect damages from a defendant. Birth injury claims 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 who caused the patient's injuries during labor and birth. These cases can be known as birthing injuries suits or wrongful birth lawsuits however, Florida's laws allow parents to file a malpractice suit in the event of the death of a child.
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 levels of oxygen during childbirth which can result in cerebral palsy and brain damage.
The first step to file a birth defect lawsuit is to get in touch with an experienced attorney. Most attorneys offer free consultations and case reviews to potential clients. If the attorney believes that a client has a valid claim they will examine medical records and employ experts to examine the case. They can also assist in the preparation of documents and file the medical malpractice suit on time.
Expert Witnesses
In cases with birth injuries, it's essential to have medical experts that can explain to a jury the medical practices and procedures. However, expert witnesses can be difficult to work with because they must be able to scrutinize massive amounts of information and make decisions based on evidence rather than their opinions. They should also be able to testify on evidence which may contradict their position.
In the Daubert case, the plaintiffs' experts argued that Bendectin contributed to their child's birth defects. The judge concluded that the evidence was on the "cutting edge of research in science, where fact meets theory, and certainty transforms into probability." However, the judge did not believe there was sufficient evidence to support the claim that Bendectin doubled the chances of developing birth defects.
The Daubert decision was a setback to plaintiffs who had filed lawsuits against pharmaceutical companies in an effort to obtain justice. Nonetheless, there are still many avenues for an injured person could pursue a birth defect lawsuit.
A Philadelphia birth defect lawyer can advise victims about whether they have a right to sue. A lawyer can determine if a plaintiff is eligible to file a lawsuit individually or as part of a class action. In certain cases lawyers can bring a birth injury lawsuit as part of a multidistrict litigation (MDL). Fill out the form to receive a private and free consultation with an attorney.
Representation
Although the advancements in technology and developments in the field of medicine have greatly reduced the risk of complications during pregnancy and childbirth However, they aren't eliminated. When a birth defect or injury occurs, and the cause was preventable, parents may pursue legal action to recover the costs related to treatment.
Medical negligence claims are often due to a doctor's failure to diagnose or treat a disease. For instance, a physician could neglect to perform an ultrasound screening or make a mistake during surgery, resulting in a birth defect such as spina bifida. Other causes for a
birth defect lawsuit include an ineffective medication for the mother or exposure to chemicals or other environmental hazards when the baby is growing in the womb.
A birth defect can affect any part of a newborn's body, and affect their health, performance and appearance. In some cases, a birth defect can dramatically reduce a child's life expectancy or result in significant medical expenses.
If you think your child's birth defect or injury is the result of medical malpractice or negligent care during labor or pregnancy consult a certified birth defect lawyer today. A lawyer can provide you with your options and assist you submit a claim prior to the statute of limitation expiring. A lawyer can also negotiate a settlement with the responsible parties for the injuries suffered by your child.