Steps to Filing a Birth Defect Lawsuit


If your baby was born with a birth injury or birth defect, you might be confused about who to turn to for help or what you can even do. Medical malpractice claims are often deeply personal, and families can feel torn about whether to pursue justice due to the mental anguish attached to the injury. 

In these cases, a skilled and empathetic medical malpractice lawyer can help your family successfully navigate your legal options. They can help you attain the compensation for damages you are owed so your child can lead a full and happy life.

When Should You File a Birth Defect Lawsuit?

Has your baby suffered a birth defect due to pediatric medical malpractice? If so, you need to act swiftly to ensure your birth defect lawsuit is filed before your statute of limitations expires. In Cincinnati, Ohio (and the State of Ohio) many medical malpractice suits have a statute of limitations of only 1 year. 

A year is not a long time to make a legal claim after experiencing a traumatic event, such as birth abnormalities. Most people want more time to process the event before engaging in a birth injury claim. Unfortunately, that is not an option in Ohio.

If your child has suffered from a birth defect or birth injury, you must contact a birth defect lawyer to file your medical malpractice claim as soon as possible. Otherwise, your claim will expire, and you will have no legal right to pursue justice for the damages inflicted on your child. Time is of the essence. 

Injuries During Pregnancy as a Result of Medical Malpractice

It's possible that your baby's injuries occurred during your pregnancy due to medical malpractice. If this is the case, then the responsible medical practitioners should be held liable for their negligence to ensure this harm isn't inflicted on other families. 

Some potential birth defect injuries that can be linked to medical malpractice include:

  • Congenital heart defects
  • Neural tube defects
  • Down syndrome
  • Cleft palate

These birth injuries can have lifelong effects on families and the child. Many of these injuries will necessitate expensive surgeries or lifelong treatment and specialized care. The medical, hospital, and pharmaceutical bills can be devastating and you might be entitled to reimbursement. 

Defects From Genetic Testing or Toxic Chemical Exposure

It is also possible that your baby could be the victim of a birth defect due to genetic testing or exposure to toxic chemicals. Both of these events carry a risk of birth defects.

If the mother was exposed to certain drugs or medication during her pregnancy, potential side effects could cause birth defects that could affect a child for life. Those prescribing medication should be aware of the potential side effects, especially for pregnant women.

You might have a valid medical malpractice claim if this happened to your family. You may be eligible to receive damages to help you cover the costs of medical treatment and other compensation. 

How to File a Birth Injury Lawsuit

If you believe you have a right to damages due to a birth injury caused by negligence or malpractice, an experienced attorney can help walk you through the steps to file your claim on time successfully.

Some steps that you should take when filing a birth injury lawsuit include:

  • Identify the type of birth defect and cause
  • Gather evidence for damages and compensation
  • Show the standard of medical care that was compromised
  • Ensure the lawsuit is filed before the statute of limitations expires

Identify the Type of Birth Defect and Cause

First, you must identify the birth defect affecting your child and accurately link its cause. You should state when medical professionals diagnosed the birth defect. Often, the birth defect is identified before delivery or shortly thereafter. However, sometimes birth defects may take longer to identify. This information is key to understanding the deadline on your statute of limitations.

Gather Evidence for Damages and Compensation

Next, you will want to gather bills, receipts, credit card payments, and other evidence of your damages and right to compensation. Consider anything you paid for linked to your child's birth defect. 

Gather more evidence rather than less. Your birth defect attorney can help you determine which bills are eligible for compensation. However, you must not leave anything off your list if you want to receive total compensation for your damages. 

Show the Standard of Medical Care That Was Compromised

It will be essential to show the court the event that compromised your child's health. Perhaps the medical practitioner accidentally prescribed the wrong medication. Maybe the pharmacist filled the prescription incorrectly. It is possible that the medical practitioner acted negligently during the delivery or during your pregnancy to expose your baby to a higher risk of birth defects.

No matter what caused the incident, if it shouldn't have happened by a trained, competent medical professional, you and your family deserve compensation for the damages suffered. 

Hire an Experienced Birth Defect Lawyer to Handle Your Legal Claim

An experienced birth defect lawyer will help you handle the preceding steps quickly without causing any additional undue burden to your family. It would help if you had time to process how this medical malpractice will affect your family's future, but unfortunately you don't have much time. A confident and highly-skilled attorney can take the reigns and allow you the space you need to get back on your feet.

At the Moore Law Firm, we understand that this is a complicated and traumatic time for your family. We want to help you receive the compensation your family deserves so that your child has all the opportunities to live a full and prosperous life. Our birth defect lawyers are well-versed in medical malpractice and birth defect law in Cincinnati. Let us help you receive the settlement or damage awards your family needs. Contact us today.

Get in Touch

If you have been injured or have lost a loved one as a result of another person's negligence, you deserve to be fully compensated for your losses. The simple fact is that you should not be forced to pay the price for another person's careless or reckless actions.