How to File a Birth Defect Lawsuit
Modern technology and advances in medicine have drastically reduced the risk of the birth of a child. But, a birth defect attorney defect or injury still happens frequently.
A birth defect lawsuit seeks to pay your child’s medical expenses, educational costs as well as other losses. You must prove that the medical professional who was involved did not follow the standard of treatment during or prior to the birth or 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 do everything to prevent birth defects. Medical negligence and carelessness can increase the risk for birth defects and injuries. If this happens the family of the victim may want to seek 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 suffering and suffering and loss of consortium, medical expenses, and loss of earning capacity. The amount of compensation the victim will receive is contingent on the severity of the child’s medical condition and how much it has affected their quality of living.
Environmental exposures can cause birth injuries and birth defects. Studies have proven that certain chemicals, like pesticides, fungicides lead, heavy metals and paints can increase the chances of birth defects. Birth defect lawyers have filed suits against businesses that have exposed workers to toxic chemicals, as well against pharmaceutical companies that have made products that cause birth defects in fetuses, like DES.
If you think your child’s birth defect or injury is the result of medical malpractice, you should seek out a skilled birth defect lawyer as soon as you can. In some states, there’s only one year to file a medical negligence 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 frame for which a person has to file a civil action. A person who misses an expiration date will lose the right to sue a defendant for damages. Birth injury claims may be more complex in terms of the time limit than other medical malpractice claims.
A lawsuit is typically brought against the hospital or doctor who caused injury to patients during labor or birth. These cases are sometimes referred to birthing injury lawsuits or wrongful birth lawsuits, however, Florida’s laws allow parents to file a malpractice suit for the death of an infant.
In a medical malpractice case the plaintiff must prove the at-fault doctor did not follow the standard 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 during childbirth which could lead to cerebral palsy and brain damage.
Contacting a qualified attorney is the first step in filing an action for birth defects. The majority of lawyers offer free consultations to prospective clients. If an attorney believes that a client’s claim is valid, they will review the medical documents of the client, and they will hire experts to assess them. They will also assist with the preparation of documents and file the medical malpractice lawsuit on time.
Expert Witnesses
In a case that involves birth injuries, it is essential to have medical experts that can explain to jurors the medical procedures and practices. Expert witnesses can be difficult to testify because they must scrutinize the vast amount of information to be able make decisions in accordance with facts rather than opinions. They should also be able to provide evidence on matters which may contradict their position.
In the Daubert Case, the plaintiffs’ expert claimed that Bendectin is the reason for the birth defect in their child. The judge ruled that the evidence was “at the cutting-edge of scientific research where fact meets theories, and certainty dissolves into probabilities.” However, he did not believe there was sufficient evidence to prove that Bendectin caused birth defects.
The Daubert decision was a blow to plaintiffs that had filed a lawsuit against pharmaceutical companies seeking justice. There are many ways for an injured party to bring a lawsuit based on the birth defect.
A Philadelphia birth defect lawyer can help victims on whether they’re eligible for claims. A lawyer can decide if a plaintiff is eligible to file a lawsuit individually or as part of an action class. In some instances, an attorney can bring a lawsuit on behalf of a birth injuries as part of multidistrict litigation. To start by filling out the form on this page for an unreserved and confidential consultation with a professional lawyer.
Representation
Modern technology and recent advances in medical technology may have reduced the chance of complications arising during pregnancy and childbirth, but they’re not completely eliminated. Parents can take legal action if a birth injury or defect occurs, and the cause could have been avoided.
Medical negligence claims often result from a doctor’s inability to diagnose or treat a problem. For instance, a physician might fail to conduct an ultrasound examination or make mistakes during surgery, resulting in a birth defect, such as spina bifida. Other causes for a birth defect lawsuit include inadequate medication for the mother or exposure to chemicals or other environmental hazards as the baby develops in the womb.
A birth defect could affect any part of the body of a newborn which can affect their appearance, health, and function. In some instances birth defects can shorten a baby’s lifespan or cause major medical expenses.
Contact a birth defect lawyer now if you believe the birth defect or injury was the result of medical negligence or carelessness during labor or birth. A lawyer can assist you to understand your options and submit a claim before the statute of limitations runs out. A lawyer can also negotiate an agreement with the responsible parties for the injury of your infant.