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How to File a Birth Defect Lawsuit

Modern technology and medicine have dramatically reduced the risks of childbirth. But, a birth defect or injury still happens frequently.

A birth defect lawsuit seeks reimbursement for your child's medical expenses or educational costs, among other losses. You must prove that the medical professional you are suing did not follow the standard of care during or before pregnancy or delivery.

Damages

Pregnancy is among the most exciting and stressful moments in the life of a parent. Parents want their children to be perfect and doctors do everything to avoid birth defects. Medical negligence and carelessness could increase the risk of birth defects and injuries. When this occurs the family of the victim 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. This can include pain and suffering for the victim, loss of consortium and medical expenses, in addition to loss of earning capacity. The amount of damages the victim will receive is contingent on the degree of the child's health and how much it has affected their quality of life.

Environmental exposures can result in birth defects and birth injuries. Studies have shown that certain chemicals such as pesticides, fungicides lead, heavy metals and paints can increase the chance of birth defects. Birth defect lawyers have filed lawsuits against companies that have exposed workers to these harmful chemicals, lawsuits and also against pharmaceutical companies that have produced drugs that can cause birth defects in fetuses such as DES.

If you believe that your child's birth defect, or birth injury is the result of medical negligence, you must seek out a skilled birth defect lawyer as soon as you can. In certain states, you are given one year to file a lawsuit against medical malpractice. If you put off filing a lawsuit for a longer period it could mean that your child will never receive the justice they deserve.

Statute of limitations

A statute of limitations is a law that determines how long a person has to file a civil action. If a person fails to meet a deadline loses the right to sue a defendant for damages. Birth injury cases can have more complex statutes of limitations than other types of medical malpractice claims.

A lawsuit is usually brought against the hospital or doctor that caused an injury to a patient during labor and birth. These cases are commonly called birthing injuries lawsuits or wrongful birth suits although Florida's laws allow parents to bring a medical malpractice lawsuit for an infant's death.

To prove medical negligence, the person who was injured will need to show that the doctor at fault did not adhere to the level of care and consideration expected by another health medical professional in similar circumstances. This could include failing to recognize serious conditions like low levels of oxygen during childbirth that can cause cerebral palsy and brain damage.

Finding a reputable attorney is the first step towards filing a lawsuit against birth defects. Most attorneys offer free consultations to potential clients. If an attorney is convinced that the claim of a client is legitimate, they will review the medical records of the client and then hire experts to evaluate the claims. They will also assist in preparing documents and file the medical malpractice lawsuit on time.

Expert Witnesses

In a case involving birth injuries it is crucial to have experts who can explain medical practices and procedures to jurors. Expert witnesses aren't easy to work with since they must scrutinize huge amounts of information and be able to make decisions based on evidence rather than opinions. They also have to be willing to testify on evidence that could contradict their opinion.

In the Daubert case the plaintiffs' experts claimed that Bendectin was the cause of birth defects for their child. The judge concluded that the evidence was "at the cutting-edge of scientific research, where science meets theories and the certainty is transformed into probabilities." However the judge did not believe there was enough proof that Bendectin caused birth defects.

The Daubert decision was a setback to plaintiffs who had filed lawsuits against pharmaceutical companies in an attempt to get justice. Nonetheless, there are still numerous avenues that an injured party may pursue a lawsuit for birth defects.

A Philadelphia birth defect lawyer will assist the victims to determine whether they're eligible for a claim. Lawyers can determine if the plaintiff is eligible to file a lawsuit on their own or as part of an action class. In some instances an attorney may be able to make a claim for birth injuries as part of a multidistrict litigation. To begin by filling out the form on this page to request a a free and confidential consultation with a reputable lawyer.

Representation

Modern technology and recent advancements in the field of medicine could have decreased the risk of complications occurring during pregnancy and childbirth but they're not completely eliminated. Parents can pursue legal action if a birth injury or defect occurs, and the reason could have been avoided.

Medical negligence claims are usually result from a doctor's inability diagnose or treat an illness. A doctor might fail to perform an ultrasound or make a mistake during surgery, leading to birth defects such as spina bifida. Other causes for birth defect lawsuits include an ineffective medication for the mother or exposure to chemicals or other environmental hazards while the baby develops in the womb.

A birth defect can affect any part of a newborn's body. It can impact their health, function and appearance. In certain cases birth defects can shorten the life expectancy of a newborn or lead to significant medical costs.

If you believe the birth defect or injury was the result of medical malpractice or negligent care during labor or pregnancy consult a certified birth defect lawyer today. A lawyer can help you understand your options and file a claim before the time limit expires. A lawyer can also negotiate a settlement with the parties accountable for the harm to your child.