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How to File a Birth Defect Lawsuit

Modern technology and advancements in medicine have dramatically reduced the risks associated with birth. But, a birth defect or injury is still a common occurrence.

A birth defect lawsuit seeks to recover for your child's medical expenses or educational costs, among other expenses. You must prove that the medical professional in question violated the standard care prior to or during pregnancy or delivery.

Damages

Pregnancy can be one of the most exciting but nerve-wracking moments in the life of a parent. Parents want their children to be perfect, and doctors strive to do their best to stop birth defects from happening. Unfortunately, negligence and carelessness on the part of medical practitioners can increase the chance of birth injuries and birth defects. In the event of this happening families that are shocked should consider seeking justice through 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 and loss of consortium, medical expenses, and loss of earning capacity. The amount of damages an individual victim will be awarded depends on the degree of the child's health and how much it has affected their quality of life.

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

If you think your child's birth defect or birth injury was caused by medical malpractice, it is important to consult a reputable birth defect lawyer as soon as you can. In some states, you only have one year to file a suit for 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 lawsuit. A person who misses a deadline loses the right to claim damages against a defendant. Birth injury claims be more complex in terms of the time limit than other medical malpractice claims.

A lawsuit is typically filed against the doctor or hospital that caused an injury to the patient during labor and delivery. These types of cases are typically referred to as birthing injury lawsuits or wrongful birth suits however, Florida's laws permit parents to file a medical malpractice suit in the event of a baby's death.

In a case of medical malpractice the victim must prove the at-fault doctor failed to adhere to the standards of care and consideration any other medical professional would have applied in similar circumstances. This could include failing to recognize an illness that is serious, for example, 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 get in touch with an experienced attorney. Most attorneys offer free consultations to prospective clients. If an attorney believes that the claim of a client is legitimate they will look over the medical documents of the client and then hire experts to assess the claims. They will also help prepare documents and file the medical malpractice suit on time.

Expert Witnesses

In cases with birth injuries, it is vital to have medical experts who can explain to jurors the medical practices and procedures. Expert witnesses aren't easy to work with since they have to carefully review huge amounts of evidence and be able to make decisions based upon facts rather than opinions. Additionally, they must be willing to testify on information that might contradict their positions.

In the Daubert case, the plaintiffs' experts claimed that Bendectin was the cause of their child's birth defects. The judge found that the evidence was on the "cutting edge of research in science, where reality meets theory and the certainty transforms into probabilities." However, the judge did not consider there was enough evidence to support the claim that Bendectin increased the 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 many avenues for an injured person could pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer can help victims on whether they're eligible for a claim. Lawyers can assist clients determine if they're qualified to file a lawsuit as an individual or a class action. In certain cases, a lawyer can start a lawsuit for birth injuries as part of a multidistrict litigation (MDL). Complete the form below to receive a confidential and free consultation with an attorney.

Representation

Modern technology and recent advancements in the field of medicine could have reduced the chance of complications arising during pregnancy and childbirth, however they are not completely eliminated. When a birth defect or injury occurs, and the cause could have been avoided, parents may pursue legal action to cover the costs associated with treatment.

Medical negligence claims tend to be due to a doctor's failure to diagnose or treat a disease. For example, Birth defect a physician may fail to conduct an ultrasound exam or make mistakes during surgery, resulting in a birth defect like spina bifida. Other common causes of a birth defect lawsuit include insufficient medication for the mother or exposure to chemicals or other environmental dangers while 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 drastically reduce a baby's life expectancy or result in an enormous amount of medical expenses.

If you suspect the birth defect or injury was the result of negligence or medical malpractice during pregnancy or labor consult a certified birth defect attorney today. A lawyer can help you identify your options and file a claim before the time limit expires. A lawyer might also be in a position to negotiate a settlement on your behalf with the parties responsible for your infant's injury.