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How to File a Birth Defect Lawsuit

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

A birth defect lawsuit seeks compensation for your child's medical expenses, educational costs, and other expenses. You must prove that the medical professional involved violated the standard care during or before the pregnancy or birth.

Damages

Pregnancy can be one of the most exciting but nerve-wracking moments during the lifetime of a parent. Parents want their babies to be perfect, and doctors attempt to do all they can to stop birth defects from happening. Unfortunately, carelessness and negligence on the part of medical professionals can increase the risk of birth injuries and birth defects. When this occurs an astonished family should consider seeking justice through a birth defect lawsuit.

A successful birth defect lawsuit may result in damages for a range of different things. This includes suffering for the victim, loss of consortium and medical expenses, not to mention loss of earning capacity. The amount of damages a victim receives will depend on the severity of their child's condition and the extent that it has affected with their quality of life.

Birth injuries and birth defects can be caused by a variety of factors such as environmental exposures. Research has shown that certain chemicals such as pesticides, fungicides and lead, as well as paints and heavy metals may increase the chances of birth defects. Birth defect lawyers have brought lawsuits against companies that exposed workers to these harmful chemicals, and 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 is the result of medical negligence, you must consult a skilled birth defect lawyer as soon as you can. In some states, there's only one year to file a medical negligence suit, and waiting any longer than that could result in losing your chance to get the justice you deserve for your child's injury.

Statute of Limitations

A statute of limitations is a law which establishes the time limit for a person to file an action in civil court. If a person fails to meet the deadline, they lose their right to recover damages from the defendant. Birth injury cases may have more complex statutes of limitations than other types of medical malpractice cases.

A lawsuit is usually filed against the medical professional or hospital that caused injuries to a 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 make a claim for medical malpractice in the event of a baby's death.

To prove medical malpractice, the party who suffered will need to show that the doctor responsible did not follow the standard of care or consideration expected by another health healthcare provider in similar situations. This could include failing to recognize an illness that is serious, for example, low levels of oxygen during childbirth which can result in cerebral palsy and brain damage.

The first step in filing a birth defect lawsuit is to contact a skilled attorney. A majority of attorneys offer free consultations for potential clients. If an attorney believes a client's claim is valid, they will review the medical documents of the client and hire experts to assess the records. They will also assist with the preparation of documents and file the medical malpractice suit on time.

Expert Witnesses

In a case which involves birth injuries, it is essential to have medical experts who can explain to jurors the medical practices and procedures. Expert witnesses can be difficult since they have to carefully review an extensive amount of information in order to make a decision based on facts, not opinion. Additionally, they must be willing to testify on things that may contradict their beliefs.

In the Daubert case, the plaintiffs' experts suggested that Bendectin caused their child's birth defects. The judge concluded that the evidence was on the "cutting edge of research in science, where fact meets theory, and certainty transforms into probabilities." However, the judge did not consider there was enough evidence to support the claim that Bendectin doubled a baby's risk of developing birth defects.

The Daubert ruling was a setback for plaintiffs, who had sued pharmaceutical companies to try and win justice. However, Birth Defect there are numerous avenues that the injured party could pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer can assist victims about whether they are eligible for claims. Lawyers can assist clients determine if they're qualified to file a personal lawsuit or a class action. In certain instances lawyers may be able to start a lawsuit for birth injuries as part of multidistrict lawsuit (MDL). Please fill out the form below for a confidential and free consultation with an attorney.

Representation

While modern technology and recent advancements in the medical field have greatly reduced the risk of complications during childbirth and pregnancy however, they are not completely eliminated. When a birth defect or injury occurs, and the cause could have been avoided, parents can seek legal action to pay for the costs associated with treatment.

Medical negligence claims often stem from a doctor's failure to diagnose or treat a problem. For instance, a doctor may not perform an ultrasound exam or make a mistake during surgery, which could result in a birth defect, such as spina bifida. Other causes for a birth defect lawsuit include an ineffective medication for the mother or exposure to chemicals or other environmental hazards while the baby is developing in the womb.

A birth defect can affect any part of a newborn's body. It can affect their health, performance and appearance. In certain instances, a birth defect can dramatically reduce a child's life expectancy or result in a significant amount of medical expenses.

If you suspect the birth defect or injury was caused by medical malpractice or negligent care during labor or birth get in touch with a reputable birth defect law firm defect attorney today. A lawyer can assist you understand your options and make a claim prior to the statute of limitations runs out. A lawyer may also be competent to negotiate the settlement on your behalf with the parties responsible for your infant's injury.