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How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have significantly reduced the risk of the birth of a child. 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. You must prove that the medical professional in question violated the standard care during or before pregnancy or delivery.

Damages

Pregnancy is one of the most exciting and nerve-wracking moments in the life of a parent. Parents want their babies to be perfect, and doctors try to do all they can to stop birth defects from happening. Unfortunately, carelessness and negligence on the part of medical professionals can increase the chance of birth injuries and birth defects. If this happens the family of the victim ought to consider pursuing justice through a birth defect lawsuit.

A successful birth defect lawsuit may result in damages for a multitude of different things. This includes pain and suffering for the victim as well as loss of consortium, birth defect medical expenses, not to mention loss of earning capacity. The amount of damages a victim will receive will depend on the severity of their child's medical condition and Birth defect the extent to which it has interfered with their daily life.

Birth injuries and birth defects can be caused by a variety of factors which include exposure to environmental factors. Studies have proven that certain chemicals like pesticides, fungicides and lead, as well paints and heavy metals may increase the likelihood of birth defects. Birth defect lawyers have brought lawsuits against companies that have exposed workers to toxic chemicals, as well against pharmaceutical companies that have made drugs that can cause birth defects in fetuses such as DES.

If you think your child's birth defect or birth injury was caused by medical negligence, you must seek out a skilled birth defect lawyer as quickly as you can. In certain states, there's only one year to file a medical negligence suit, and waiting longer than that can mean losing your chance to get the justice you are due for the injury your child sustained.

Statute of limitations

A statute of limitations is a law that defines the deadline for a person to file a civil lawsuit. If a person misses the deadline, they will lose the right to claim damages from the defendant. Birth injury claims have a more complicated statute of limitations than other medical malpractice claims.

A lawsuit is typically filed against the doctor or hospital that caused injuries to a patient during labor and delivery. These cases are often referred to as birthing injury suits or wrongful birth lawsuits, however Florida's laws permit parents to file a malpractice lawsuit in the event of the death of a child.

In order to prove medical malpractice, the victim must prove that the doctor at fault didn't adhere to the standard of care and consideration expected by another health medical professional in similar circumstances. This includes failing diagnose a serious illness, such as low levels of oxygen in the childbirth process which could lead to cerebral palsy and brain damage.

The first step in filing a birth defect lawsuit is to speak with a skilled attorney. Many attorneys provide free consultations and case reviews to potential clients. If an attorney believes that a client's claim is valid they will go over the medical documents of the client and employ experts to evaluate the claims. They will also help prepare documents and file the medical malpractice suit on time.

Expert Witnesses

In cases which involves birth injuries, it is vital to be able to have medical experts provide a jury with the medical practices and procedures. Expert witnesses can be difficult to testify because they have to carefully review a large amount of information to be able to make decisions based on fact rather than opinion. Furthermore, they should be willing to testify about information that might contradict their views.

In the Daubert case, the plaintiffs' experts suggested that Bendectin had caused their child's birth defect law firm defects. The judge concluded that the evidence was on the "cutting edge of scientific research, where fact meets theory, and certainty transforms into probability." However the judge did consider there was enough proof that Bendectin doubled a baby's risk of developing birth defects.

The Daubert ruling was a setback for the plaintiffs, who had filed a lawsuit against pharmaceutical companies to win justice. There are numerous avenues that an injured person can pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer can assist victims on whether they have a right to sue. A lawyer can determine whether a plaintiff is eligible to file a lawsuit individually or as part of an action class. In some cases lawyers can bring a lawsuit on behalf of a birth injuries as part an interdistrict litigation. To begin, fill out the form on this page to request a an unreserved and confidential consultation with a qualified lawyer.

Representation

Modern technology and recent advances in the field of medicine could have decreased the chance of complications arising during pregnancy and childbirth, however they're not entirely eliminated. When a birth defect or injury occurs, and the cause was preventable, parents may pursue legal action to cover the costs related to treatment.

Medical negligence cases typically result from a doctor's inability to properly diagnose or treat a problem. For instance, a physician may fail to conduct an ultrasound test or make a mistake during surgery, resulting in a birth defect such as spina bifida. Other common causes of a birth defect lawsuit include improper medication for the mother or exposure to chemicals or other environmental dangers while the baby develops 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 life expectancy, or cause a significant amount of medical expenses.

If you suspect that the birth defect or injury was due to medical malpractice or negligent care during labor or birth consult a certified birth defect lawyer today. A lawyer can assist you understand your options and file a claim before the statute of limitations expires. A lawyer can also negotiate an agreement with the responsible parties for the injuries suffered by your child.