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How to File a Birth Defect Lawsuit

Modern medicine and technology have greatly reduced the risks of childbirth. But, a birth defect or injury can still happen frequently.

A birth defect lawsuit seeks reimbursement for medical expenses of your child as well as 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 work to do everything possible to stop birth defects from occurring. Unfortunately, carelessness and negligence on the part of medical professionals can increase the chance of birth injuries and birth defects. When this occurs the family of the victim may want to seek justice through a birth defect lawsuit.

A successful birth defect lawsuit could result in damages for a range of different things. This can include pain and suffering for the victim, loss of consortium and medical expenses, not to mention loss of earning capacity. The amount of damages that the victim will receive is contingent on the severity of the child's illness and how it has affected their quality of living.

Birth injuries and birth defects can be caused by a number of factors that include environmental exposures. Studies have proven that certain chemicals such as pesticides, fungicides lead, paints, and heavy metals can 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 developed drugs that could cause birth defects in fetuses, like DES.

If you think your child's birth defect, or birth injury was caused by medical negligence, you must consult a reputable birth defect lawyer as soon as you can. In certain states, you have only one year to file a suit for birth defect medical malpractice. If you put off filing a lawsuit for a longer period 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 the deadline for when a person is allowed to file a civil action. A person who misses an expiration date will lose the right to claim damages against a defendant. Birth injury claims have a more complicated statute of limitations than other medical malpractice claims.

A lawsuit is usually filed against the hospital or doctor that caused a patient's injuries during labor and birth. These cases are often known as birthing injuries lawsuits or wrongful birth lawsuits however, Florida's laws allow parents to file a malpractice suit for the death of a child.

To prove medical negligence, the person who was injured will need to show that the doctor at fault didn't adhere to the standard of care or consideration required by a different health care provider in similar circumstances. This includes failing diagnose an illness that is serious, for example, low oxygen levels during childbirth that can cause cerebral palsy and brain damage.

The first step in filing a birth defect lawsuit is to get in touch with a skilled attorney. A majority of attorneys offer free consultations and case review to potential clients. If an attorney believes the claim of a client is legitimate they will look over the medical documents of the client and employ experts to assess the evidence. They will also assist in preparing documents and file the medical malpractice lawsuit on time.

Expert Witnesses

In a case involving birth injuries it is crucial to have experts who can explain medical practices and procedures before a jury. However, expert witnesses can be difficult to work with as they must scrutinize huge amounts of data and make decisions based on evidence rather than opinions. They must also be willing to testify on evidence that could contradict their beliefs.

In the Daubert case, the plaintiffs' experts argued that Bendectin contributed to their child's birth defects. The judge ruled that the evidence was at the "cutting edge of scientific research, where fact meets theory and certainty dissolves into probabilities." However the judge did consider there was enough evidence that Bendectin doubled a baby's risk of developing birth defects.

The Daubert decision was a setback to plaintiffs who had filed suit against pharmaceutical companies in an effort to obtain justice. There are numerous avenues that an injured person could pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer can help victims on whether they have a right to sue. Lawyers can assist plaintiffs determine if they are eligible to file an individual lawsuit or a class action. In certain situations lawyers can file a birth injury lawsuit as part of multidistrict lawsuit (MDL). To start complete the form on this page to request a a free and confidential consultation with a qualified lawyer.

Representation

While modern technology and recent developments in the field of medicine have greatly reduced the risk of complications during pregnancy and childbirth However, they aren't eliminated. When a birth defect or injury occurs and the cause was preventable parents can seek legal action to recover the costs associated with treatment.

Medical negligence claims are usually based on a doctor's failure identify or treat an illness. For example, a physician could neglect to perform an ultrasound exam or make a mistake during surgery, which could result in a birth defect similar to 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 is developing in the womb.

A birth defect can affect any part of the body of a baby and affect their health, function and appearance. In some instances, a birth defect can dramatically reduce a child's lifespan or result in significant medical costs.

If you believe the clarion birth defect law firm defect or injury was due to medical malpractice or negligent care during pregnancy or labor seek out a qualified birth defect lawyer today. A lawyer can provide you with your options and assist you submit a claim prior to the deadline for filing. A lawyer can also negotiate a settlement with the responsible parties for the injury suffered by your infant.