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How to File a Birth Defect Lawsuit

Modern medical and technological advances have significantly decreased the risks of childbirth. But, a birth defect or injury still happens frequently.

A birth defect lawsuit seeks to recover for your child's medical expenses education costs, as well as other losses. To be able to pursue a claim, you must prove that medical professionals violated the standard of care before or during pregnancy or during the delivery.

Damages

Pregnancy can be one of the most exciting, yet nerve-wracking times during the lifetime of a parent. Parents want their babies to be perfect, and doctors strive to do their best to stop birth defects from occurring. However, birth defect carelessness and negligence on the part of medical practitioners can increase the chance of birth injuries and birth defect law firms defects. When this occurs an astonished family may want to seek justice through a birth defect lawsuit.

A successful birth defect lawsuit can result in damages for a variety of different things. This can include pain and suffering for the victim as well as loss of consortium and medical expenses, not to mention loss of earning capacity. The amount of compensation a victim will receive depends on the severity of the child's condition, and how much it has affected their quality of life.

Birth injuries and birth defects can be caused by a number of factors, including environmental exposures. Studies have shown that certain chemicals like pesticides, fungicides and lead, as well as paints and heavy metals can increase the chances of birth defects. Birth defect lawyers have filed lawsuits against companies that have exposed workers to these harmful chemicals, and also against pharmaceutical companies that have made drugs that can cause birth defects in fetuses, like DES.

If you suspect that your child's birth defect or injury was the result of medical malpractice, it is important to consult a skilled birth defect lawyer as quickly as possible. In some states, you are given 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 get the justice they deserve.

Statute of Limitations

A statute of limitations is a law that establishes the time limit for a person to file a civil claim. If a claimant fails to file by the deadline, they will lose their right to seek damages from the defendant. Birth injury cases can be more complex in terms of the statute of limitations than other medical malpractice claims.

A lawsuit is typically filed against the doctor or hospital who caused the patient's injuries during labor and delivery. These cases can be known as birthing injuries suits or wrongful birth lawsuits, however, Florida's laws allow parents to file a malpractice lawsuit for the death of an infant.

In a medical malpractice lawsuit the victim must prove the at-fault doctor failed to adhere to the standard of care and consideration that another health care provider would have utilized in similar circumstances. This could include failing to recognize a serious illness, such as low oxygen levels in childbirth that can cause cerebral palsy and brain damage.

The first step to file a birth defect lawsuit is to contact an experienced attorney. A majority of attorneys offer free consultations to potential clients. If the attorney believes that a client has a valid claim they will review medical records and engage expert witnesses to assess their credibility. They will also assist with the preparation of documents and file the medical malpractice lawsuit on time.

Expert Witnesses

In a case involving birth injuries, it's essential to have medical experts who can explain to jurors the medical procedures and practices. Expert witnesses can be difficult since they must scrutinize the vast amount of information to be able to make decisions based on facts, not opinion. In addition, they must be willing to testify about facts that could contradict their views.

In the Daubert case the plaintiffs' experts suggested that Bendectin was the cause of 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 believe there was sufficient proof that Bendectin doubled the chances of developing birth defects.

The Daubert decision was a blow to plaintiffs who had filed suit against pharmaceutical companies in an effort to obtain justice. Nonetheless, there are still numerous avenues that an injured party may pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer can provide victims with advice about whether they have a claim. Lawyers can determine if the plaintiff is eligible to file a suit on their own or as part of a class action. In some cases lawyers can file a birth injury lawsuit as part of multidistrict litigation (MDL). To begin by filling out the form below for a a free and confidential consultation with a reputable attorney.

Representation

Modern technology and recent advances in the field of medicine could have decreased the risk of complications occurring during childbirth and pregnancy, but they're not entirely eliminated. When a birth defect or injury occurs and the cause could have been avoided, parents may pursue legal action to cover costs associated with treatment.

Medical negligence claims typically stem from a doctor's failure to recognize or treat a condition. For example, a physician may fail to conduct an ultrasound test or make mistakes during surgery, which could result in a birth defect similar to spina bifida. Other causes for a birth defect lawsuit include inadequate medication for the mother or exposure to chemicals or other environmental hazards when 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 some instances, a birth defect can drastically reduce a baby's life expectancy or lead to significant medical costs.

If you suspect that the birth defect or injury was due to negligence or medical malpractice during labor or pregnancy consult a certified birth defect lawyer today. A lawyer can assist you in understanding your options and help you submit a claim prior to the time limit expiring. A lawyer might also be able to negotiate the settlement on behalf of you with the responsible parties for the injuries your infant sustained.