How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have greatly reduced the risks associated with the birth of a child. Birth defects or injuries still occur often.

A birth defect lawsuit seeks to recover for medical expenses of your child 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 the birth of your child.

Damages

Pregnancy is one of the most exciting and stressful moments in the life of a mother. Parents want their babies to be perfect, and doctors do everything possible to avoid birth defects. Medical negligence and carelessness can increase the risk of birth defects and injuries. When this happens families that are shocked may want to seek justice through a birth defect lawsuit.

A successful toledo birth defect lawsuit defect lawsuit can result in damages for many different things. This can include pain and suffering for the victim, loss of consortium and medical expenses, as well as lost earning capacity. The amount of the damages a victim is awarded will depend on the severity of their child’s condition and the extent that it has affected in their quality of life.

Birth defects and birth injuries can be caused by a number of causes that include environmental exposures. Studies have shown that certain chemicals like pesticides, fungicides and lead, as well heavy metals and paints can increase the likelihood of birth defects. Birth defect lawyers have filed lawsuits against companies that exposed their workers to harmful chemicals, as well as pharmaceutical companies that make drugs such as DES that could cause birth defects in fetuses.

If you think your child’s birth defect or injury was the result of medical malpractice, it is important to speak with a skilled birth defect lawyer as quickly as possible. In some states, you have only one year to file a medical malpractice lawsuit, and waiting more than that may mean losing your chance to get the justice you have earned for your child’s injury.

Statute of Limitations

A statute of limitation is a law which establishes the time limit for an individual to file a civil lawsuit. If a claimant fails to file by the deadline, they lose the right to claim damages from a defendant. Birth injury cases can have more complicated statutes of limitations than other types of medical malpractice claims.

A lawsuit is typically brought against the hospital or doctor that caused an injury to an individual during labor and birth. These cases are sometimes known as birthing injuries suits or wrongful birth lawsuits, although Florida’s laws permit parents to file a malpractice lawsuit for the death of a child.

To prove medical negligence, the person who was injured must prove that the doctor responsible did not follow the standards of care and consideration expected by another health healthcare provider in similar circumstances. This could include failing to recognize serious conditions like low oxygen levels during childbirth which could lead to cerebral palsy and brain damage.

The first step in filing a birth defect lawsuit is to speak with a skilled attorney. Most attorneys offer free consultations and reviews of cases to potential clients. If the lawyer believes that a client has a valid claim they will review medical records and engage experts to examine them. They will also assist in preparing documents and file the medical malpractice suit on time.

Expert Witnesses

In a case with birth injuries, birth Defect lawsuit it is essential to have medical experts who can explain to a jury the medical practices and procedures. Expert witnesses can be difficult since they have to scrutinize a large amount of information to be able to make decisions that are based on evidence rather than opinion. They also have to be willing to testify about facts which may contradict their opinions.

In the Daubert case, the plaintiffs’ experts suggested that Bendectin had caused birth defects 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 the judge was not convinced there was enough evidence to conclude that Bendectin caused birth defects.

The Daubert ruling was a setback for the plaintiffs, who had filed a lawsuit against pharmaceutical companies to achieve justice. There are a variety of avenues for an injured party to seek a legal action over a birth defect.

A Philadelphia pasadena birth defect lawyer defect lawyer can advise victims about whether they are eligible for a right to sue. Lawyers can determine if the plaintiff is able to file a lawsuit individually or as part of an action class. In some instances an attorney may be able to start a lawsuit for birth injury as part of an interdistrict litigation. Please fill out the form below to receive a private and free consultation with an attorney.

Representation

Although the latest technology and advances in the field of medicine have greatly reduced the risk of complications during pregnancy and childbirth but they aren’t completely eliminated. If a birth defect or injury occurs, and the cause could have been avoided, parents may pursue legal action to pay for the costs associated with treatment.

Medical negligence claims are often due to a doctor’s failure to diagnose or treat a condition. For example, a physician may fail to conduct an ultrasound screening or make an error during surgery, which could result in a birth defect, such as spina bifida. Other common causes of a birth defect lawsuit are improper medication for the mother or exposure to chemicals or other environmental dangers while the baby develops in the womb.

A birth defect could affect any part of the body of a newborn, affecting their appearance, health and function. In certain cases birth defects can shorten a baby’s lifespan or cause significant medical expenses.

Contact a birth defect lawyer today if you suspect that the birth defect or birth injury was caused by medical negligence or carelessness during labor or birth. A lawyer can provide you with your options and assist you make a claim prior the statute of limitations expiring. A lawyer can also negotiate an agreement with the parties accountable for the injury of your child.