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How to File a Birth Defect Lawsuit

Modern technology and birth advances in medicine have drastically reduced the risks associated with childbirth. Birth defects or injuries continue to occur frequently.

A birth defect lawsuit seeks reimbursement for medical expenses of your child, educational costs, and other losses. To pursue such claims, you must demonstrate that medical professionals breached the standard of care prior to or during pregnancy, or the birth of your child.

Damages

Pregnancy can be one of the most exciting, yet nerve-wracking experiences during the lifetime of a parent. Parents want their babies to be perfect, and doctors do everything to avoid birth defects. Medical negligence and carelessness can increase the risk of birth defects and injuries. A family that is shocked by this incident should think about suing for a birth defect.

A successful birth defect lawsuit could result in damages for a multitude of different things. This includes suffering and pain for the victim as well as loss of consortium, medical costs, as well as lost earning capacity. The amount of the damages a victim is awarded will depend on the severity of their child's condition and the extent to which it has affected in their quality of life.

Birth defects and birth injuries can be caused by a number of causes that include environmental exposures. Studies have proven that certain chemicals like pesticides, fungicides and lead, as well as paints and heavy metals may increase the risk of birth defects. Birth defect lawyers have brought suits against companies that exposed workers to these harmful chemicals, and against pharmaceutical companies that have developed medications that can cause birth defects in fetuses such as DES.

If you suspect that medical error caused the birth injury or birth defect, it is recommended to consult a birth defect lawyer immediately. In certain states, there is only one year to file a medical negligence lawsuit, and waiting more than that may mean losing your chance of getting the justice you have earned for your child's injury.

Statute of Limitations

A statute of limitations is a law that establishes the time limit for someone to file an action in civil court. If a claimant fails to file by the deadline, they will lose the right to collect damages from a defendant. Birth injury cases have more complex statutes of limitations than other kinds of medical malpractice claims.

A lawsuit is usually brought against the hospital or doctor that caused an injury 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.

In a medical malpractice case the plaintiff must prove that the doctor at fault was not adhering to the standard of care and consideration other health care providers would have utilized in similar circumstances. This includes failing in diagnosing an illness of serious severity like low levels of oxygen in the childbirth process that result in cerebral palsy and brain damage.

The first step in filing a birth defect lawsuit is to speak with a skilled attorney. A majority of attorneys offer free consultations and case reviews for prospective clients. If the lawyer believes that a client has a valid claim, they will look into medical records and hire experts to evaluate the evidence. They will also assist with the preparation of documents and file the medical malpractice lawsuit within the timeframe.

Expert Witnesses

In a case that involves birth injuries, it is crucial to have medical experts that can provide a jury with the medical procedures and practices. However, expert witnesses aren't easy to work with because they must carefully examine massive amounts of information and be able to make decisions based on facts rather than their opinions. They should also be able to testify on evidence that could contradict their position.

In the Daubert case the plaintiffs' experts suggested that Bendectin had caused their child's birth defects. The judge concluded that the evidence was "at the cutting-edge of research in science where fact 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 sued pharmaceutical companies in an effort to obtain justice. There are a variety of avenues for an injured party to file a lawsuit for the birth defect.

A Philadelphia birth defect lawyer can assist victims in determining whether they're eligible for a claim. A lawyer can help clients determine if they're eligible to file an individual lawsuit or a class action. In certain instances a lawyer may bring a birth injury lawsuit as part of multidistrict lawsuit (MDL). To start by filling out the form on this page to request a an initial consultation for free and confidential with a reputable lawyer.

Representation

Although the latest technology and advances in the field of medicine have drastically reduced the chance of complications during pregnancy and childbirth, they are not entirely eliminated. Parents may pursue legal action if they suffer a birth defect or birth injury occurs, and the reason could have been avoided.

Medical negligence cases typically result from a doctor's inability to recognize or treat a problem. A doctor might fail to diagnose an ultrasound or make a mistake in surgery, resulting in birth defects like spina bifida. Birth defects can be caused by a wrong medication that is taken by the mother, or exposure to chemicals and other environmental hazards during the baby's development during the womb.

A birth defect can affect any part of the body of a newborn and affect their health, appearance and functioning. In certain instances, a birth defect can significantly diminish a baby's life expectancy or lead to significant medical expenses.

If you suspect that your child's birth defect or injury is the result of negligence or medical malpractice during labor or birth seek out a qualified birth defect lawyer today. A lawyer can provide you with your options and assist you to submit a claim prior to the statute of limitations expiring. A lawyer can also negotiate a settlement with the responsible parties for the harm to your infant.