How to File a Birth Defect Lawsuit
Modern technology and advances in medicine have significantly reduced the risk of childbirth. But, a birth defect or injury still occurs frequently.
A birth defect lawsuit seeks to pay your child’s medical expenses, educational costs as well as other losses. To pursue such an action, 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 work to do everything they can to stop birth defects from occurring. Unfortunately, carelessness and negligence on the part of medical professionals can increase the risk of birth injuries and defects. A family who is shocked by this circumstance should think about suing for a birth defect.
A successful birth defect lawsuit can result in damages for a variety of different things. This includes suffering and pain for the victim along with loss of consortium and medical costs, as well as lost earning capacity. The amount of damages that a victim will receive depends on the severity of the child’s illness, and how much it has affected their quality of life.
Birth injuries and birth defects can be caused by a variety of causes that include environmental exposures. Research has shown that certain chemicals like fungicides, pesticides and lead, as well paints and heavy metals can increase the risk of birth defects. Birth defect lawyers have brought suits against businesses that have exposed workers to toxic chemicals, as well against pharmaceutical companies that have made drugs that can cause birth defects in fetuses such as DES.
If you suspect that medical error caused the birth injury of your child or birth defect, you must consult a lawyer for birth defects immediately. In certain states, you have only one year to file a medical negligence suit, and waiting longer than that can mean losing your chance to get the justice you have earned for your child’s injury.
Statute of Limitations
A statute of limitations is a law that defines the deadline for when a person is allowed to file a civil lawsuit. Anyone who fails to meet a deadline will lose the right to claim damages against a defendant. Birth injury claims can have a more complicated statute of limitations than other 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 sometimes 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 an infant.
In a case of medical malpractice the victim must prove that the doctor at fault failed to adhere to the standard of care and consideration any other medical professional would have applied in similar circumstances. This includes failing to diagnose a serious condition for example, low levels of oxygen in the childbirth process that result in cerebral palsy and brain damage.
The first step in filing a birth defect lawsuit is to get in touch with an experienced attorney. Most attorneys offer free consultations to prospective clients. If the lawyer believes that a client has a valid claim they will review medical records and employ experts to examine the evidence. They can also assist in the preparation of documents and file the medical malpractice lawsuit on time.
Expert Witnesses
In a birth injury case, it is important to have experts who can explain medical procedures and practices to a jury. Expert witnesses aren’t easy to work with as they must carefully examine massive amounts of evidence and make decisions based on evidence rather than opinions. Additionally, they must be willing to testify on information that might contradict their positions.
In the Daubert Case, the plaintiffs’ expert argued that Bendectin caused their child’s birth defect. The judge ruled that the evidence was “at the forefront of scientific research, where evidence meets theories and certainty transforms into probabilities.” However, he did not believe there was enough proof that Bendectin caused birth defects.
The Daubert ruling was a setback to the plaintiffs who had sued pharmaceutical companies to try and get justice. But there are numerous avenues that an injured person can pursue a birth defect lawsuit.
A Philadelphia birth defect lawyer can advise victims about whether they have a right to sue. A lawyer can decide if a plaintiff is eligible to file a lawsuit on their own or as part of an action class. In certain cases an attorney may be able to bring a lawsuit on behalf of a birth injuries as part of an interdistrict litigation. Please fill out the form below to receive a private and free consultation with an attorney.
Representation
Modern technology and recent advances in the field of medicine could have reduced the chance of complications occurring during pregnancy and childbirth, however they’re not completely eliminated. If a birth defect or injury occurs and the cause could have been avoided, parents can seek legal action to cover costs related to treatment.
Medical negligence claims often result from a doctor’s inability to properly diagnose or treat a condition. For example, a physician might fail to conduct an ultrasound test or make an error during surgery, which could result in a Schuyler Birth defect law firm defect, such as spina bifida. Other causes that can lead to birth defect lawsuits include inadequate medication for the mother or exposure to chemicals or other environmental hazards when the baby develops in the womb.
A demarest birth defect attorney defect can affect any part of a newborn’s body. It can affect their health, functioning and appearance. In certain cases, birth defects can reduce the life expectancy of a newborn or lead to significant medical expenses.
If you suspect the birth defect or injury was the result of medical malpractice or negligent care during labor or birth, contact a qualified birth defect lawyer today. A lawyer can help explain your options and help you make a claim prior the statute of limitation expiring. A lawyer can also negotiate a settlement with the parties responsible for the injury suffered by your infant.