How to File a Birth Defect Lawsuit
Modern medical technology and birth defect lawyers medicine have drastically reduced the risk of childbirth. But, a birth defect or injury still happens frequently.
A birth defect lawsuit seeks reimbursement for your child’s medical expenses as well as educational costs and other losses. To pursue such claims, you must establish that medical professionals violated the standard of care prior to or during pregnancy, or during the delivery.
Damages
Pregnancy is among the most exciting and nerve-wracking moments in the life of a mother. Parents want their babies to be perfect, and doctors work to do all they can to prevent birth defects from happening. Medical negligence and carelessness could increase the risk of birth defects and injuries. A family that is shocked by this news should think about the possibility of suing over a birth defect.
A successful birth defect lawsuit can result in damages for many different things. This can include pain and suffering for the victim as well as loss of consortium, medical expenses, as well as loss of earning capacity. The amount of damages a person suffers will depend on the severity of their child’s illness and the extent to which it has affected with their daily life.
Environmental exposures can result in birth defects and birth defect lawyers injuries. Studies have revealed that pesticides, such as lead and fungicides, as well paints, heavy metals and heavy metals, can increase the risk of birth defects. Birth defect lawyers have filed lawsuits against companies who exposed workers to harmful chemicals as well as pharmaceutical companies that make drugs such as DES that could cause birth defects in fetuses.
If you suspect that medical error caused the birth injury of your child or birth defect, you should seek out a birth defect lawyer immediately. In some states, there is only one year to file a medical negligence suit, and waiting any longer than that could mean losing the chance to receive the justice you have earned for your child’s injury.
Statute of limitations
A statute of limitations is a law that sets the time limit for an individual to file an action in civil court. Anyone who fails to meet a deadline loses the right to claim damages against a defendant. Birth injury cases can be more complex in terms of the time limit than other medical malpractice claims.
A lawsuit is typically filed against the doctor or hospital that caused injuries to a patient during labor and delivery. These cases are often called birthing injury suits or wrongful birth lawsuits, however Florida’s laws allow parents to file a malpractice lawsuit for the death of an infant.
In order to prove medical malpractice, the party who suffered must prove that the doctor who was at fault did not follow the standards of care and consideration expected by another health healthcare provider in similar circumstances. This includes failing to diagnose an illness that is serious, such as low oxygen levels during childbirth that can cause brain damage and cerebral palsy.
The first step in filing a birth defect lawsuit is to get in touch with an experienced attorney. A majority of attorneys offer free consultations and case reviews for potential clients. If an attorney is convinced that the client’s claim is legitimate they will go over the medical documents of the client and hire experts to evaluate the records. They can also assist in the preparation of documents and file the medical malpractice lawsuit on time.
Expert Witnesses
In a case involving birth injuries, it is important to have experts who can explain medical practices and procedures to jurors. However, expert witnesses can be difficult to work with because they must carefully examine massive amounts of data and be able to make decisions based on evidence rather than their opinions. They should also be prepared to testify on facts which may contradict their opinions.
In the Daubert case the plaintiffs’ experts claimed that Bendectin contributed to their child’s birth defects. The judge ruled that the evidence was on the “cutting edge of research in science, where reality is matched by theory, and certainty turns into probabilities.” However the judge did believe there was enough evidence that Bendectin increased the chance of developing birth defects.
The Daubert ruling was a setback to the plaintiffs who had sued pharmaceutical companies to try and achieve justice. There are numerous avenues for a victim to bring a lawsuit based on the birth defect.
A Philadelphia birth defect attorney can assist those suffering from birth defects to determine whether they’re eligible for a claim. A lawyer can determine if a plaintiff is eligible to file a lawsuit individually or as part of an action class. In certain cases lawyers may be able to bring a birth injury lawsuit in the context of multidistrict litigation (MDL). Please fill out the form below for a confidential and free consultation with an attorney.
Representation
Modern technology and recent advancements in medical technology may have reduced the chance of complications occurring during pregnancy and childbirth, but they are not completely eliminated. When a birth defect or injury occurs, and the cause was preventable parents can seek legal action to cover the costs related to treatment.
Medical negligence claims typically result from a doctor’s inability to diagnose or treat a condition. For instance, a doctor may not perform an ultrasound test or make an error during surgery, which could result in a birth defect like spina bifida. Birth defects can be caused by a wrong medication that is taken by the mother, or exposure to chemicals and other environmental dangers during the child’s development in the womb.
A birth defect can affect any part of a newborn’s body. It can impact their health, function and appearance. In certain cases birth defects can decrease the life expectancy of a newborn or lead to substantial medical expenses.
If you think the birth defect or injury was the result of negligence or medical malpractice during labor or pregnancy, contact a qualified birth defect lawyer today. A lawyer can assist you understand your options and file a claim before the statute of limitations expires. A lawyer might also be in a position to negotiate settlements on behalf of you with the parties responsible for your infant’s injury.