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How to File a Birth Defect Lawsuit

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

A birth defect lawsuit seeks compensation for medical expenses of your child education costs, as well as other expenses. To pursue such a claim, you need to demonstrate that medical professionals did not meet the standard of care prior to or during pregnancy or the birth defect law firms of your child.

Damages

Pregnancy can be one of the most exciting yet nerve-wracking events in the life of a parent. Parents want their children to be perfect, and doctors try to do everything possible to stop birth defects from occurring. However, carelessness and negligence on the part of medical professionals can increase the risk of birth injuries and birth defects. In the event of this happening families that are shocked might want to pursue justice via a birth defect lawsuit.

A successful birth defect lawsuit could result in damages for a range of different things. These include the victim's pain and suffering and loss of consortium, medical expenses and lost earning capacity. The amount of damages an individual victim will be awarded depends on the severity of the child's condition and how it has affected their quality of life.

Birth injuries and birth defects can be caused by a variety of causes, including environmental exposures. Studies have revealed that certain chemicals, like pesticides, birth defect fungicides and lead, as well paints, and heavy metals can increase the chance of birth defects. Birth defect lawyers have brought lawsuits against companies that have exposed workers to harmful chemicals, and against pharmaceutical companies who have manufactured drugs that could cause birth defects in fetuses, such as DES.

If you suspect that your child's birth defect, or birth injury is the result of medical negligence, you must seek out a skilled birth defect lawyer as quickly as you can. In certain states, you are given one year to file a lawsuit against medical malpractice. If you wait, it could mean that your child won't get the justice they deserve.

Statute of Limitations

A statute of limitation is a law which establishes the time limit for someone to file an action in civil court. If someone misses the deadline, they lose their right to recover damages from a defendant. Birth injury claims can have a more complicated statute of limitations than other medical malpractice claims.

A lawsuit is usually brought against the doctor or hospital that caused an injury to an individual during labor and birth. These cases are sometimes referred to as birthing injury suits or wrongful birth lawsuits, although Florida's laws permit parents to file a malpractice suit for the death of a child.

In a medical malpractice lawsuit the victim must prove that the doctor at fault was not adhering to the standards of care and consideration other health care providers would have utilized in similar circumstances. This could include failing to recognize an illness that is serious, for example, low oxygen levels during childbirth which could lead to cerebral palsy and brain damage.

The first step in filing a birth defect lawsuit is to get in touch with an experienced attorney. Many attorneys provide free consultations to prospective clients. If the attorney believes a client has a valid claim, they will examine medical records and engage expert witnesses to assess the evidence. They can also assist in the preparation of documents and file the medical malpractice lawsuit on time.

Expert Witnesses

In a birth defect attorney injury case it is crucial to have experts who can explain medical procedures and practices before a jury. However, expert witnesses can be difficult to work with since they have to carefully review huge quantities of information and be able to make decisions based upon facts rather than opinions. They must also be able to testify regarding facts that might conflict with 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 on the "cutting edge of scientific research, where fact meets theory and certainty dissolves into probabilities." However the judge did not believe that there was sufficient 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 filed a lawsuit against pharmaceutical companies in order to obtain justice. But there are numerous avenues that an injured party may pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer can help victims on whether they're eligible for an opportunity to file a claim. A lawyer can determine whether the plaintiff is eligible to pursue a lawsuit by themselves or as part of an action class. In some cases lawyers may be able to start a lawsuit for birth defect birth injuries in the context of multidistrict litigation (MDL). Fill out the form for a confidential and free consultation with an attorney.

Representation

Modern technology and recent advancements in the medical field may have reduced the risk of complications occurring during pregnancy and childbirth, but they're not entirely eliminated. When a birth defect or injury occurs, and the cause is preventable, parents can seek legal action to recover the costs associated with treatment.

Medical negligence claims are usually due to a doctor's failure to diagnose or treat a disease. For example, a physician could neglect to perform an ultrasound screening or make mistakes during surgery, resulting in a birth defect such as spina bifida. Other causes that can lead to a birth defect lawsuit include improper 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. It can affect their health, functioning and appearance. In certain instances, a birth defect can significantly diminish a baby's life expectancy or lead to an enormous amount of medical expenses.

If you think the birth defect or injury was the result of medical malpractice or negligent care during pregnancy or labor seek out a qualified birth defect lawyer today. A lawyer can assist you in understanding your options and help you make a claim prior the statute of limitations expiring. A lawyer may also be capable of negotiating the settlement on behalf of you with the responsible parties for the injuries your infant sustained.