How to File a Birth Defect Lawsuit
Modern medicine and technology have greatly reduced the risk of childbirth. But, a birth defect or injury can still happen frequently.
A birth defect lawsuit seeks to compensate your child for medical expenses, education costs and other damages. To pursue such an action, you must demonstrate that medical professionals did not meet the standard of care prior to or during pregnancy or during the delivery.
Damages
Pregnancy can be one of the most exciting yet nerve-wracking times during the lifetime of a parent. Parents want their children to be perfect, and doctors strive to do all they can 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. If this happens families that are shocked should consider seeking justice through a birth defect law firm defect lawsuit.
A successful birth defect suit could result in damages for many different things. This includes pain and suffering for the victim, loss of consortium and medical expenses, as well as loss of earning capacity. The amount of compensation an individual victim will be awarded depends on the severity of the child’s medical condition, and how much it has affected their standard of life.
Environmental exposures can lead to birth defects and birth injuries. Research has shown that certain chemicals, such as pesticides, fungicides and lead, as well as paints and heavy metals may increase the chance of birth defects. Bartow birth defect attorney defect lawyers have filed lawsuits against companies that exposed their workers to harmful chemicals, as well as pharmaceutical companies that manufacture drugs like DES that can cause birth defects in fetuses.
If you suspect medical malpractice caused your child’s birth injury or birth defect, it is recommended to seek out a birth defect lawyer immediately. In some states, you only have one year to file a medical malpractice suit, and waiting any longer than that could mean losing your chance to get the justice you deserve for your child’s injury.
Statute of limitations
A statute of limitations is a law which establishes the deadline for someone to file a civil lawsuit. If someone misses the deadline, they will lose their right to recover damages from the defendant. Birth injury claims may be more complex in terms of the time limit than other medical malpractice claims.
A lawsuit is typically filed against the doctor or hospital who caused injury to the patient during labor and birth. These cases are usually referred to as birthing injury lawsuits or Vimeo wrongful birth suits, however Florida’s laws permit parents to make a claim for medical malpractice in the event of a baby’s death.
To prove medical malpractice, the victim will need to show that the doctor who was at fault did not adhere to the standards of care and consideration expected by another health healthcare provider in similar situations. This includes failing diagnose a serious condition such as low levels of oxygen in the childbirth process which can result in cerebral palsy and brain damage.
The first step to file a birth defect lawsuit is to contact an experienced attorney. The majority of lawyers offer free consultations for potential clients. If an attorney is convinced that the claim of a client is legitimate they will examine the medical documents of the client and employ experts to evaluate the records. They will also assist in preparing documents and file the medical malpractice suit on time.
Expert Witnesses
In a case which involves birth injuries, it’s essential to be able to have medical experts explain to a jury the medical practices and procedures. Expert witnesses can be difficult because they must scrutinize a vast amount of data to be able to make decisions in accordance with facts rather than opinions. They must also be able to testify regarding things that may contradict their opinions.
In the Daubert case, the plaintiffs’ experts argued that Bendectin contributed to the birth defects of their child. The judge ruled that the evidence was “at the forefront of scientific research where fact meets theories and certainty dissolves into probabilities.” However the judge was not convinced there was enough evidence to conclude that Bendectin caused birth defects.
The Daubert decision was an affront to plaintiffs who had sued pharmaceutical companies in an effort to obtain justice. But there are many ways that an injured person can pursue a birth defect lawsuit.
A Philadelphia birth defect lawyer can provide victims with advice about whether they are eligible for a right to sue. A lawyer can help clients determine if they’re qualified to file a lawsuit as an individual or a class action. In certain cases lawyers can make a claim for birth injuries as part of a multidistrict litigation. To get started by filling out the form here for the opportunity to have a no-cost and confidential consultation with a reputable attorney.
Representation
Modern technology and recent advances in medical technology may have reduced the risk of complications that can occur during pregnancy and childbirth but they’re still not completely eliminated. When a decatur birth defect lawsuit defect or injury occurs, and the cause was preventable, parents may seek legal action to recover the costs related to treatment.
Medical negligence claims tend to be result from a doctor’s inability identify or treat an illness. For example, a physician may not perform an ultrasound test or make an error during surgery, which could result in a birth defect such as spina bifida. Other common causes of a birth defect lawsuit comprise insufficient 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 and impact their health, function and appearance. In some cases, birth defects can reduce the life expectancy of a newborn or lead to substantial medical expenses.
If you think the birth defect or injury was caused by medical malpractice or negligent care during labor or birth get in touch with a reputable birth defect lawyer today. A lawyer can explain your options and assist you to make a claim prior the statute of limitation expiring. A lawyer can also negotiate a settlement with the parties accountable for the injury of your child.