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How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have drastically 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, educational costs, and other losses. To be able to file an action, you must prove that a medical professional did not meet the standard of care prior to or during pregnancy, or during the delivery.

Damages

Pregnancy is one of the most exciting and nerve-wracking moments in the life of a mother. Parents want their children to be perfect, birth defect and doctors work to do all they can to stop birth defects from happening. Unfortunately, negligence and carelessness on the part of medical professionals can increase the chance of birth injuries and birth defects. When this occurs an astonished family should consider seeking justice through a birth defect attorneys defect lawsuit.

A successful birth defect lawsuit may result in damages for a number of different things. This includes pain and suffering for the victim, loss of consortium and medical expenses, in addition to loss of earning capacity. The amount of damages a victim receives will depend on the severity of their child's medical condition and the extent to which it has impacted with their daily life.

Birth injuries and birth defects can be caused by a variety of factors, including exposure to environmental factors. Studies have revealed 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 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 was the result of medical malpractice, you should consult a skilled birth defect lawyer as soon as possible. In certain states, you have only one year to file a medical negligence suit, and if you wait longer than that could mean losing your chance of getting the justice you are due for the injury your child sustained.

Statute of limitations

A statute of limitation is a law that sets the time limit for someone to file an action in civil court. If a person fails to meet a deadline loses the right to pursue a defendant for damages. Birth injury cases may have more complex statutes of limitations than other kinds of medical malpractice claims.

A lawsuit is typically filed against the hospital or doctor who caused injury to the patient during labor and birth. These cases are often referred to as birthing injury lawsuits or wrongful birth suits, though Florida's laws allow parents to pursue a medical malpractice suit for the death of an infant.

In a case of medical malpractice the injured party must prove that the doctor at fault failed to adhere to the standard of care and consideration that other health care providers would have utilized in similar circumstances. This includes failing to recognize an illness of serious severity such as low levels of oxygen in the childbirth process which can cause cerebral palsy or brain damage.

The first step to file a birth defect lawsuit is to speak with a skilled attorney. Many attorneys provide free consultations and case review to prospective clients. If the attorney believes that a client has a valid claim they will examine medical records and appoint experts to examine their credibility. They will also help prepare documents and file the medical malpractice lawsuit on time.

Expert Witnesses

In a case involving birth injuries it is essential to have experts who can explain medical procedures and practices to jurors. Expert witnesses can be difficult to testify because they have to carefully review a vast amount of data to make decisions in accordance with facts rather than opinions. They should also be prepared to testify on facts that may conflict with their beliefs.

In the Daubert case, the plaintiffs' experts argued that Bendectin caused their child's birth defects. The judge concluded that the evidence was at the "cutting edge of scientific research, where fact meets theory and certainty dissolves into probability." However the judge did believe there was sufficient evidence to prove that Bendectin doubled a baby's chance of developing birth defects.

The Daubert decision was a blow to plaintiffs that had sued pharmaceutical companies in the hope of obtaining justice. However, there are various ways in which an injured person can pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer can advise victims on whether they have a right to sue. A lawyer can determine whether the plaintiff is eligible to file a lawsuit on their own or as part of an action class. In some cases lawyers can bring a birth injury lawsuit as part of multidistrict lawsuit (MDL). Fill out the form below to receive a confidential and free consultation with an attorney.

Representation

Although the advancements in technology and advances in the field of medicine have significantly reduced the risk of complications during childbirth and pregnancy but they aren't completely eliminated. When a birth defect or injury occurs and the cause is preventable, parents may pursue legal action to pay for the costs related to treatment.

Medical negligence claims are often result from a doctor's inability diagnose or treat an illness. For instance, a physician may not perform an ultrasound test or make an error during surgery, resulting in a birth defect such as spina bifida. Other common causes of a birth defect lawsuit include inadequate medication for the mother or birth defect exposure to chemicals or other environmental hazards when the baby is developing in the womb.

A birth defect can affect any part of a newborn's body, and affect their health, function and appearance. In some instances, a birth defect can significantly diminish a baby's life expectancy, or cause an enormous amount of medical expenses.

If you suspect that the birth defect or injury was the result of medical malpractice or negligent care during pregnancy or labor get in touch with a reputable birth defect lawyer today. A lawyer can help explain your options and assist you to make a claim before the time limit expiring. A lawyer might also be able to negotiate the settlement on your behalf with the parties accountable for your child's injuries.