How to File a Birth Defect Lawsuit

Modern technology and medicine have dramatically reduced the risk of childbirth. Birth defects or injuries continue to occur often.

A birth defect lawsuit seeks to pay your child’s medical expenses, education costs and other damages. You must prove that the medical professional you are suing violated the standard treatment prior to or during pregnancy or delivery.


Pregnancy can be one of the most exciting yet nerve-wracking events in the life of a parent. Parents want their babies to be perfect and doctors do their best to prevent Birth defect attorney ( defects. Unfortunately, carelessness and negligence on the part of medical professionals can increase the risk of birth defects and injuries. When this occurs families that are shocked may want to seek justice through a birth defect lawsuit.

A successful birth defect suit could result in damages for many different things. These include a victim’s suffering and suffering and loss of consortium medical expenses, and loss of earning capacity. The amount of the damages a victim is awarded will depend on the degree of their child’s health and the extent that it has affected with their life quality.

Environmental exposures can lead to birth injuries and birth defects. Studies have revealed that pesticides, such as fungicides and lead and heavy metals, paints, and heavy metals can increase the risk of birth defects. Birth defect lawyers have filed lawsuits against companies that exposed workers to harmful chemicals, and against pharmaceutical companies that have developed products that cause birth defects in fetuses like DES.

If you think your child’s birth defect or birth injury is the result of medical malpractice, it is important to consult a reputable birth defect lawyer as soon as possible. In some states, there’s only one year to file a medical malpractice suit, and if you wait longer than that could result in losing the chance to receive the justice you are due for the injury your child sustained.

Statute of limitations

A statute of limitations is a law that establishes the time limit for a person to file a civil lawsuit. A person who misses a deadline loses the right to sue a defendant for damages. Birth injury cases could have more complicated statutes of limitations than other types of medical malpractice claims.

A lawsuit is usually filed against the hospital or doctor who caused injury to an individual during labor and birth. These cases are often called birthing injuries lawsuits or wrongful birth suits, although Florida’s laws allow parents to file a medical malpractice suit for the death of an infant.

In a medical malpractice case, the injured party must prove the at-fault doctor was not adhering to the standard of care and consideration that other health care providers would have followed in similar circumstances. This could include failing to recognize a serious illness, such as low oxygen levels in childbirth that can cause cerebral palsy and brain damage.

Finding a reputable attorney is the first step to filing an action for birth defects. Most attorneys offer free consultations and reviews of cases to potential clients. If an attorney believes that the claim of a client is legitimate, they will review the medical records of the client and birth defect Attorney employ experts to assess them. They will also assist in preparing documents and file the medical malpractice lawsuit within the timeframe.

Expert Witnesses

In a case involving a birth injury, it is important to have experts who can explain medical procedures and practices before a jury. Expert witnesses can be difficult as they have to scrutinize the vast amount of information to make decisions based on fact rather than opinions. Additionally, they must be willing to testify about facts that could contradict their positions.

In the Daubert Case, birth defect attorney the plaintiffs’ expert argued that Bendectin was responsible for the birth defect in their child. The judge found that the evidence was at the “cutting edge of scientific research, where evidence meets theory, and certainty transforms into probability.” However the judge did believe there was sufficient proof that Bendectin doubled the chances of developing birth defects.

The Daubert decision was a blow to plaintiffs that had filed suit against pharmaceutical companies in an effort to obtain justice. There are a variety of avenues an injured person can seek a legal action over a birth defect.

A Philadelphia birth defect lawyer can assist victims about whether they are eligible for a claim. A lawyer can determine whether the plaintiff is able to file a suit on their own or as part of an action class. In certain cases, a lawyer can start a lawsuit for birth injuries in the context of multidistrict litigation (MDL). To get started complete the form below for a an unreserved and confidential consultation with a licensed attorney.


Although the latest technology and advances in medicine have greatly reduced the risk of complications during childbirth and pregnancy, they are not entirely eliminated. Parents can pursue legal action if they suffer a birth injury or defect occurs, and the reason could have been prevented.

Medical negligence claims are usually due to a doctor’s failure to identify or treat an illness. For instance, a physician could neglect to perform an ultrasound examination or make mistakes during surgery, which could result in a birth defect, such as spina bifida. Birth defects can also be caused by improper medication that is taken by the mother or exposure to chemicals or other environmental dangers during the development of the baby during the womb.

A birth defect may affect any part of the newborn’s body and affect their appearance, health and performance. In some cases birth defects can decrease a baby’s lifespan or cause significant medical expenses.

Contact an attorney for birth defects today if you believe that your child’s birth defect or birth injury was the result of medical negligence or negligence during labor or pregnancy. A lawyer can assist you identify your options and file a claim before the statute of limitations expires. A lawyer can also negotiate a settlement with the parties accountable for the injury of your child.

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