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How to File a Birth Defect Lawsuit

Modern technology and medicine have dramatically decreased the risks of childbirth. But, a birth defect or injury is still a common occurrence.

A birth defect lawsuit seeks to recover for medical expenses of your child education costs, as well as other losses. To be able to file an action, you must establish that a medical professional violated the standard of medical care prior to or during pregnancy or the birth of your child.

Damages

Pregnancy can be one of the most exciting, yet nerve-wracking events during the lifetime of a parent. Parents want their babies to be perfect, and doctors work to do their best to prevent birth defects from happening. Unfortunately, negligence and carelessness on the part of medical practitioners can increase the chance of birth injuries and birth defects. If this happens an astonished family might want to pursue justice via a birth defect lawsuit.

A successful birth defect lawsuit may result in damages for a number of different things. This can include the pain and suffering, loss of consortium, medical expenses and lost earning capacity. The amount of the damages a victim is awarded will depend on the degree of their child's health and the extent that it has affected with their daily life.

Birth injuries and birth defects can be caused by a variety of causes that include exposure to environmental factors. Studies have revealed that certain chemicals like pesticides, fungicides and lead, as well as paints and heavy metals can increase the chance of birth defects. Birth defect lawyers have filed lawsuits against companies that have exposed workers to these toxic chemicals, as well against pharmaceutical companies that have developed medications that can cause birth defects in fetuses like DES.

If you think your child's birth defect or birth injury is the result of medical malpractice, you should seek out a skilled birth defect lawsuits defect lawyer as soon as you can. In some states, you have only one year to file a suit for medical malpractice. If you delay and you don't, your child will never get the justice they deserve.

Statute of limitations

A statute of limitations is a law which defines how long a person has to file a civil claim. If a claimant fails to file by the deadline, they lose the right to claim damages from the defendant. Birth injury cases can have more complicated statutes of limitations than other types of medical malpractice claims.

A lawsuit is usually filed against the doctor or the hospital that caused injuries to a patient during labor and delivery. These cases are sometimes referred to birthing injury lawsuits or wrongful birth lawsuits, although Florida's laws permit parents to file a malpractice lawsuit for the death of an infant.

In order to prove medical malpractice, the injured party will need to show that the doctor who was at fault didn't adhere to the standard of care and consideration required by a different health healthcare provider in similar circumstances. This includes failing to recognize a serious condition for example, low oxygen levels during childbirth that result in cerebral palsy and brain damage.

The first step to file a birth defect lawsuit is to contact a skilled attorney. Most attorneys offer free consultations to prospective clients. If an attorney is convinced that the client's claim is legitimate they will go over the medical documents of the client and hire experts to evaluate the records. They can also assist in the preparation of documents and filing the medical malpractice lawsuit within time.

Expert Witnesses

In a case involving birth injuries, it is important to have experts who can explain medical practices and procedures to jurors. However, expert witnesses aren't easy to work with as they must scrutinize huge amounts of evidence and make decisions based on the facts rather than opinions. Additionally, they must be able to testify regarding information that might contradict their beliefs.

In the Daubert case the plaintiffs' experts suggested that Bendectin contributed to their child's birth defects. The judge found that the evidence was on the "cutting edge of research in science, where fact meets theory and the certainty transforms into probability." However the judge did believe that there was sufficient proof that Bendectin doubled a baby's risk of developing birth defects.

The Daubert ruling was a setback for plaintiffs, who had suing pharmaceutical companies in order to win justice. But there are many ways that the injured party could pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer can provide victims with advice about whether they have an opportunity to file a claim. A lawyer can determine whether an individual plaintiff is eligible to file a lawsuit on their own or as part of a class action. In some instances attorneys can start a lawsuit for birth injuries as part of a multidistrict lawsuit. Fill out the form 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, but they're not completely eliminated. When a birth defect or injury occurs and the cause could have been avoided, parents may seek legal action to cover the costs related to treatment.

Medical negligence claims are typically due to a doctor's failure to diagnose or treat a condition. For instance, a physician might fail to conduct an ultrasound screening or make mistakes during surgery, which could result in a birth defect like spina bifida. Other causes that can lead to a birth defect lawsuit include an ineffective 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 impact their health, function and appearance. In certain instances, a birth defect can dramatically reduce a child's life expectancy or result in an enormous amount of medical costs.

If you think the birth defect or injury was the result of medical malpractice or negligent care during labor or pregnancy consult a certified birth defect attorney today. A lawyer can help you determine your options and make a claim prior to the statute of limitations runs out. A lawyer can also negotiate an agreement with the responsible parties for Birth Defect the injury suffered by your infant.