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How to File a Birth Defect Lawsuit

Modern technology and advancements in medicine have dramatically reduced the risk of the birth of a child. But, a birth defect or injury is still a common occurrence.

A birth defect lawsuit seeks compensation for medical expenses of your child or educational costs, among other losses. You must prove that the medical professional involved violated the standard treatment prior to or during the pregnancy or birth.

Damages

Pregnancy can be one of the most exciting yet nerve-wracking events during the lifetime of a parent. Parents want their children to be perfect, and doctors strive to do all they can to stop birth defects from happening. However, carelessness and negligence on the part of medical practitioners can increase the risk of birth injuries and birth defects. In the event of this happening an astonished family may want to seek justice through a birth defect lawsuit.

A successful birth defect lawsuit can result in damages for a range of different things. This includes suffering for the victim, loss of consortium and medical expenses, as well as lost earning capacity. The amount of damages a person suffers will depend on the severity of their child's condition and the extent to which it has interfered with their life quality.

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 and lead, as well paints, and heavy metals can increase the chances of birth defects. Birth defect lawyers have brought suits against companies that exposed workers to harmful chemicals, and against pharmaceutical companies that have produced drugs that can cause birth defects in fetuses, like DES.

If you suspect that your child's birth defect, or birth injury was the result of medical malpractice, it is important to seek out a skilled birth defect lawyer as soon as you can. In some states, you have only one year to file a lawsuit claiming medical malpractice. If you wait this could mean that your child won't get the justice they deserve.

Statute of Limitations

A statute of limitation is a law that defines the deadline for filing a civil lawsuit. If a person fails to meet the deadline, birth defect they lose the right to claim damages from a defendant. Birth injury cases have more complicated statutes of limitations than other types of medical malpractice claims.

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

In order to prove medical malpractice, the party who suffered will need to show that the doctor Birth defect at fault didn't adhere to the level of care and consideration expected by another health care provider in similar circumstances. This includes failing diagnose a serious condition such as low levels of oxygen in the childbirth process that can cause cerebral palsy and brain damage.

The first step in filing a birth defect lawsuit is to reach a skilled attorney. Most attorneys offer free consultations to prospective clients. If an attorney believes that a client's claim is valid they will examine the medical records of the client and then hire experts to assess the evidence. They will also assist in preparing documents and file the medical malpractice lawsuit in time.

Expert Witnesses

In a case that involves birth injuries, it is vital to have medical experts who can explain to a jury the medical practices and procedures. Expert witnesses can be difficult because they have to carefully review a large amount of information to be able to make decisions that are based on evidence rather than opinions. They should also be prepared to testify on evidence which may contradict their beliefs.

In the Daubert case the plaintiffs' experts claimed that Bendectin was the cause of their child's birth defects. The judge concluded that the evidence was on the "cutting edge of scientific research, where fact is matched by theory, and certainty turns into probabilities." However the judge did not consider there was enough evidence to prove that Bendectin doubled the chances of developing birth defects.

The Daubert decision was an affront to plaintiffs who had filed a lawsuit against pharmaceutical companies an effort to obtain justice. But there are many ways that the injured party could pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer can provide victims with advice about whether they have a claim. Lawyers can assist clients determine if they're eligible to file a lawsuit on their own or a class action. In some cases lawyers can file a lawsuit for birth injury as part a multidistrict lawsuit. Please fill out the form below to receive a private and free consultation with an attorney.

Representation

Although the latest technology and advances in medicine have greatly reduced the risk of complications during pregnancy and childbirth, they are not entirely eliminated. When a birth defect or injury occurs, and the cause was preventable parents may pursue legal action to recover the costs related to treatment.

Medical negligence cases typically stem from a doctor's failure to diagnose or treat a condition. For example, a physician may not perform an ultrasound screening or make mistakes during surgery, which could result in a birth defect like spina bifida. Other common causes of a birth defect attorneys defect lawsuit include improper medication for the mother or exposure to chemicals or other environmental hazards as the baby is developing in the womb.

A birth defect can affect any part of a newborn's body, and affect their health, functioning and appearance. In some cases, a birth defect can drastically reduce a baby's life expectancy or result in an enormous amount of medical costs.

If you suspect the birth defect or injury was due to medical malpractice or negligent care during pregnancy or labor get in touch with a reputable birth defect lawyer today. A lawyer can assist you to discover your options and make a claim before the statute of limitations expires. A lawyer can also negotiate an agreement with the responsible parties for the harm to your child.