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How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have drastically reduced the risks associated with birth. But, a birth defect or injury is still a common occurrence.

A birth defect lawsuit seeks reimbursement for medical expenses of your child or educational costs, among other losses. To pursue a claim, you need to demonstrate that medical professionals violated the standard of medical care prior to or during pregnancy or the birth of your child.

Damages

Pregnancy can be one of the most exciting, but nerve-wracking moments in the life of a parent. Parents want their children to be perfect, and doctors try to do all they can 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. In the event of this happening, a stunned family may want to seek justice through a birth defect lawsuit.

A successful birth defect lawsuit can result in damages for a multitude of different things. This includes suffering and pain for the victim as well as loss of consortium and medical expenses, not to mention loss of earning capacity. The amount of damages that the victim will be awarded is contingent on the degree of the child's health and how it has affected their standard of living.

Birth injuries and birth defects can be caused by a number of factors that include exposure to environmental factors. Studies have proven that certain chemicals like pesticides, fungicides lead, paints, and heavy metals can increase the chances of birth defects. Birth defect lawyers have filed suits against businesses that have exposed workers to harmful chemicals, and also against pharmaceutical companies that have developed products that cause birth defects in fetuses, such as DES.

If you suspect that your child's birth defect or injury was the result of medical negligence, you must consult a skilled birth defect lawyer as soon as possible. In certain states, there is only one year to file a medical malpractice suit, and if you wait longer than that could result in losing the chance to receive the justice you need for your child's injuries.

Statute of Limitations

A statute of limitations is a law that establishes the deadline for when a person is allowed to file a civil claim. Anyone who fails to meet the deadline will lose the right to seek damages from a defendant. Birth injury cases have more complicated statutes of limitations than other types of medical malpractice claims.

A lawsuit is usually brought against the hospital or doctor who caused injury to a patient during labor and delivery. These cases are often known as birthing injury lawsuits or wrongful birth suits, however Florida's laws permit parents to file a medical malpractice suit to bring a child's death.

In a lawsuit for medical malpractice the injured party must prove the at-fault doctor did not adhere to the expected level of care and consideration that any other medical professional would have applied in similar circumstances. This includes failing to diagnose an illness of serious severity, such as low levels of oxygen during childbirth that result in brain damage and cerebral palsy.

The first step in filing a birth defect lawsuit is to reach an experienced attorney. A majority of attorneys offer free consultations to potential clients. If the attorney is convinced that a client has a valid claim they will review medical records and appoint experts to examine the evidence. They will also assist in preparing documents and file the medical malpractice lawsuit in time.

Expert Witnesses

In a case with birth injuries, it is essential to have medical experts who are able to provide a jury with the medical practices and procedures. However, expert witnesses can be difficult to work with as they must carefully examine massive quantities of information and be able to make decisions based upon facts rather than their opinions. Additionally, they must be willing to testify about facts that might conflict with their positions.

In the Daubert case, the plaintiffs' experts suggested that Bendectin had caused 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 transforms into probabilities." However the judge did not believe there was enough evidence to support the claim that Bendectin doubled the chances of developing birth defects.

The Daubert decision was a blow to plaintiffs who had filed suit against pharmaceutical companies in an attempt to get justice. There are various ways in which an injured person can pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer can assist victims about whether they have a right to sue. A lawyer can assist plaintiffs determine if they are qualified to file a lawsuit as an individual or a class action. In some cases, a lawyer can start a lawsuit for birth injuries as part of multidistrict litigation (MDL). To get started you must fill out the form on this page to request a an unreserved and confidential consultation with a qualified attorney.

Representation

Modern technology and recent advances in the field of medicine could have reduced the risk of complications that can occur during childbirth and pregnancy, but they're still not completely 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 often caused by a doctor's inability to diagnose or treat a condition. 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 an ineffective medication for the mother or exposure to chemicals or other environmental hazards when 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 drastically reduce a baby's life expectancy, or cause significant medical expenses.

If you believe your child's birth defect or injury is the result of negligence or medical malpractice during labor or pregnancy get in touch with a reputable birth defect lawyer today. A lawyer can assist you identify your options and submit a claim before the deadline for filing a claim expires. A lawyer might also be competent to negotiate a settlement on your behalf with the responsible parties for your child's injuries.