Anne Leggo asked 2 months ago
How to File a Birth Defect Lawsuit
Modern technology and advances in medicine have significantly reduced the risk of the birth of a child. But, a birth defect lawyers defect or injury still occurs frequently.
A birth defect lawsuit seeks reimbursement for your child’s medical expenses or educational costs, among other expenses. To pursue a claim, you need to demonstrate that medical professionals did not meet the standard of care prior to pregnancy or the birth of your child.
Damages
Pregnancy can be one of the most exciting, Birth defect yet nerve-wracking experiences in the life of a parent. Parents want their children to be perfect, and doctors attempt to do their best to stop birth defects from happening. However, carelessness and negligence on the part of medical practitioners can increase the chance of birth injuries and birth defects. When this happens, a stunned family ought to consider pursuing justice through a birth defect lawsuit.
A successful birth defect lawsuit can result in damages for a variety of different things. These include a victim’s pain and suffering as well as loss of consortium, medical expenses, and loss of earning capacity. The amount of damages that a victim will receive depends on the degree of the child’s health and how much it has affected their standard of living.
Birth injuries and birth defects can be caused by a number of factors that include exposure to environmental factors. Studies have revealed that certain chemicals, like pesticides, fungicides and lead, as well as heavy metals and paints can increase the chance of birth defects. Birth defect lawyers have brought lawsuits against companies that have exposed workers to these toxic chemicals, as well against pharmaceutical companies that have made drugs that could cause birth defects in fetuses, such as DES.
If you think your child’s birth defect, or birth injury was caused by medical malpractice, you should consult a reputable birth defect lawyer as soon as you can. In some states, you have only one year to file a lawsuit against medical malpractice. If you wait longer it could mean that your child won’t get the justice they deserve.
Statute of limitations
A statute of limitation is a law that establishes the time limit for a person to file an action in civil court. A person who misses a deadline will lose the right to claim damages against a defendant. Birth injury claims can have a more complicated time limit than other medical malpractice claims.
A lawsuit is usually filed against the doctor or hospital that caused a patient’s injuries during labor and birth. These cases can be referred to birthing injury 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 injured party must prove the at-fault doctor did not adhere to the expected level of care and consideration another health care provider would have utilized in similar circumstances. This includes failing diagnose a serious illness, such as low levels of oxygen in the childbirth process that can cause cerebral palsy and brain damage.
The first step to file a birth defect lawsuit is to reach an experienced attorney. A majority of attorneys offer free consultations and case reviews for potential clients. If the attorney is convinced that a client has a valid claim they will examine medical records and appoint experts to examine their credibility. They will also assist with the preparation of documents and file the medical malpractice lawsuit within the timeframe.
Expert Witnesses
In a case that involves birth injuries, it is vital 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 scrutinize huge amounts of information and make decisions based on the facts rather than opinions. Furthermore, they should be prepared to testify about information that might contradict their views.
In the Daubert case the plaintiffs’ experts suggested that Bendectin had caused their child’s birth defects. The judge ruled that the evidence was at the “cutting edge of scientific research, where fact is matched by theory, and certainty turns into probability.” However the judge did believe there was enough evidence to prove that Bendectin doubled a baby’s chance of developing birth defects.
The Daubert decision was a blow to plaintiffs who had filed lawsuits against pharmaceutical companies in the hope of obtaining justice. There are various ways in which an injured person could pursue a birth defect lawsuit.
A Philadelphia birth defect lawyer can help victims on whether they have an opportunity to file a claim. Lawyers can assist plaintiffs determine if they are qualified to file an individual lawsuit or a class action. In some instances, an attorney can start a lawsuit for birth injuries as part multidistrict litigation. Fill out the form to receive a private and free consultation with an attorney.
Representation
While modern technology and recent advancements in the medical field have drastically reduced the chance of complications during childbirth and pregnancy but they aren’t completely eliminated. When a birth defect or injury occurs and Birth defect the cause was preventable, parents can pursue legal action to cover costs associated with treatment.
Medical negligence claims are often based on a doctor’s failure diagnose or treat an illness. For instance, a doctor may fail to conduct an ultrasound exam or make an error during surgery, which could result in a birth defect such as spina bifida. Other causes that can lead to a birth defect lawsuit include improper 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. It can affect their health, functioning and appearance. In certain instances, a birth defect can severely reduce a baby’s lifespan or result in a significant amount of medical expenses.
If you suspect that your child’s birth defect or injury is the result of medical malpractice or negligent care during labor or birth seek out a qualified birth defect attorney today. A lawyer can assist you understand your options and make a claim prior to the deadline for filing a claim expires. A lawyer may also be in a position to negotiate a settlement on behalf of you with the parties accountable for your infant’s injury.