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How to File a Birth Defect Lawsuit

Modern medicine and technology have greatly reduced the risk of childbirth. But, a birth defect or injury is still a common occurrence.

A birth defect lawsuit seeks compensation for medical expenses of your child or educational costs, among other expenses. You must prove that the medical professional who was involved did not follow the standard of treatment prior to or during pregnancy or delivery.

Damages

Pregnancy is one of the most exciting and stressful experiences a parent can experience. Parents want their babies to be perfect, and doctors work to do their best to stop birth defects from happening. Unfortunately, negligence and carelessness on the part of medical professionals can increase the risk of birth injuries and birth defects. When this happens families that are shocked might want to pursue justice via a birth defect lawsuit.

A successful birth defect lawsuit could result in damages for a range of different things. These include a victim's suffering and suffering as well as loss of consortium, medical expenses, and loss of earning capacity. The amount of damages the victim will be awarded is contingent on the severity of the child's medical condition and how much it has affected their standard of life.

Birth injuries and birth defects can be caused by a number of causes which include environmental exposures. Studies have revealed that certain chemicals like pesticides, fungicides lead, paints and heavy metals may increase the risk of birth defects. Birth defect lawyers have brought lawsuits against companies that have exposed workers to harmful chemicals, and against pharmaceutical companies that have produced products that cause birth defects in fetuses, like DES.

If you think your child's birth defect or injury was the result of medical malpractice, you should speak with a skilled birth defect lawyer as soon as you can. In certain states, there is only one year to file a medical malpractice suit, and waiting any longer than that could mean losing your chance of getting the justice you need for your child's injuries.

Statute of Limitations

A statute of limitations is a law that establishes the deadline for when a person is allowed to file a civil suit. If a person fails to meet a deadline loses the right to sue a defendant for damages. Birth injury cases could have more complicated statutes of limitations than other types of medical malpractice claims.

A lawsuit is typically brought against the doctor or hospital that caused an injury to a patient during labor and birth. These cases are sometimes referred to as birthing injury suits or wrongful birth lawsuits, however Florida's laws allow parents to file a malpractice suit for the death of an infant.

To prove medical negligence, the person who was injured will need to show that the doctor who was at fault didn't adhere to the standard of care or consideration required by a different health healthcare provider in similar situations. This includes not being able to identify a serious illness for example, low levels of oxygen in the childbirth process that can cause cerebral palsy and brain damage.

The first step in filing a birth defect lawsuit is to get in touch with a skilled attorney. A majority of attorneys offer free consultations and reviews of cases to potential clients. If an attorney is convinced that the claim of a client is valid, they will review the medical records of the client and then hire experts to analyze them. They can also assist in the preparation of documents and file the medical malpractice lawsuit in time.

Expert Witnesses

In a case involving a birth injury it is essential to have experts who can explain medical procedures and practices to a jury. However, expert witnesses aren't easy to work with because they must carefully examine massive quantities of information and be able to make decisions based upon facts rather than opinions. They must also be willing to testify on evidence that could contradict their position.

In the Daubert case, the plaintiffs' experts claimed that Bendectin contributed to their child's birth defects. The judge ruled that the evidence was at the "cutting edge of scientific research, where evidence meets theory, and certainty transforms into probability." However, the judge did not believe that there was sufficient evidence to support the claim that Bendectin doubled a baby's chance of developing birth defects.

The Daubert decision was an affront to plaintiffs who had sued pharmaceutical companies in an attempt to get justice. Nonetheless, there are still various ways in which an injured party may pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer can advise victims about whether they have a claim. Lawyers can assist clients determine if they're qualified to file an individual lawsuit or a class action. In certain instances a lawyer may file a birth injury lawsuit as part of multidistrict litigation (MDL). To get started, fill out the form on this page to request a the opportunity to have a no-cost and confidential consultation with a qualified lawyer.

Representation

Modern technology and recent advances in medicine may have reduced the risk of complications that can occur during pregnancy and childbirth, however they're still not completely eliminated. When a birth defect or injury occurs and the cause was preventable parents may pursue legal action to recover the costs associated with treatment.

Medical negligence claims are usually result from a doctor's inability diagnose or treat a condition. For example, a physician may fail to conduct an ultrasound exam or make a mistake during surgery, resulting 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 as the baby develops in the womb.

A birth defect can affect any part of a newborn's body, and affect their health, performance and appearance. In some cases, a birth defect can dramatically reduce a child's life expectancy or lead to a significant amount of medical expenses.

If you believe the birth defect or injury was the result of medical malpractice or negligent care during labor or pregnancy get in touch with a reputable birth defect attorney today. A lawyer can assist you to identify your options and submit a claim before the statute of limitations expires. A lawyer can also negotiate an agreement with the parties accountable for the harm to your child.