How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have greatly reduced the risks associated with childbirth. But, a birth defect or injury can still happen frequently.

A birth defect lawsuit seeks to compensate your child for medical expenses, educational costs and other losses. You must prove that the medical professional you are suing violated the standard treatment prior to or during the birth or delivery.

Damages

Pregnancy is among 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 all they can to prevent birth defects from occurring. Unfortunately, negligence and carelessness on the part of medical professionals can increase the chance of birth injuries and birth defects. A family that is stricken by this incident should think about the possibility of suing over a birth defect.

A successful birth defect lawsuit could result in damages for a range of different things. This includes suffering for the victim, loss of consortium and medical expenses, as well as lost earning capacity. The amount of damages that the victim will receive is contingent on the degree of the child's health and how much it has affected their standard of living.

Birth defects and birth injuries can be caused by a number of factors such as environmental exposures. Studies have shown that certain chemicals like fungicides, pesticides and lead, as well paints and heavy metals can increase the chance of tyrone birth defect lawyer defects. Birth defect lawyers have filed lawsuits against companies that exposed employees to harmful chemicals as well as pharmaceutical companies that make drugs like des moines birth defect attorney that can cause birth defects in fetuses.

If you think your child's birth defect, or birth injury was the result of medical malpractice, it is important to seek out a skilled birth defect lawyer as soon as you can. In certain states, you only have one year to file a medical malpractice suit, and if you wait longer than that may mean losing your chance to get the justice you need for your child's injuries.

Statute of Limitations

A statute of limitations is a law that determines the time frame for which a person has to file a civil lawsuit. A person who misses the deadline will lose the right to seek damages from a defendant. Birth injury claims be more complex in terms of the statute of limitations than other medical malpractice claims.

A lawsuit is usually filed against the hospital or doctor that caused injuries to a patient during labor and birth. These cases are often referred to as birthing injury lawsuits or wrongful birth suits though Florida's laws allow parents to pursue a medical malpractice suit for an infant's death.

To prove medical negligence, the person who was injured must prove that the doctor who was at fault didn't adhere to the standards of care and consideration required by a different health healthcare provider in similar situations. This includes failing diagnose a serious condition such as low oxygen levels in childbirth which can result in cerebral palsy an initial consultation for free and confidential with a licensed attorney.

Representation

Modern technology and recent advancements in the field of medicine could have reduced the risk of complications that can occur during childbirth and pregnancy, but they are not completely eliminated. If a birth defect, or injury occurs, and the cause was preventable, parents can seek legal action to cover the costs related to treatment.

Medical negligence claims are usually based on a doctor's failure diagnose or treat an illness. For instance, a doctor might fail to conduct an ultrasound exam or make a mistake during surgery, which could result in a birth defect such as spina bifida. Other causes that can lead to a birth defect lawsuit are an ineffective medication for the mother or exposure to chemicals or other environmental hazards while 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 certain cases, birth defects can reduce the life span of a child or trigger significant medical costs.

If you suspect your child's birth defect or injury is the result of negligence or medical malpractice during labor or pregnancy consult a certified birth defect attorney today. A lawyer can explain your options and assist you file a claim prior to the statute of limitation expiring. A lawyer might also be competent to negotiate an agreement on your behalf with the parties accountable for the injuries your infant sustained.