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How to File a Birth Defect Lawsuit

Modern technology and medicine have dramatically decreased the risks of childbirth. But, a birth defect or injury can still happen frequently.

A birth defect lawsuit seeks to recover for your child's medical expenses education costs, as well as other losses. To be able to file a claim, you need to establish that a medical professional violated the standard of medical care prior to pregnancy or the birth of your child.

Damages

Pregnancy can be one of the most exciting yet nerve-wracking times in a parent's lifetime. Parents want their children to be perfect, and doctors try to do everything possible to stop birth defects from occurring. However, carelessness and Birth Defect negligence on the part of medical professionals can increase the chance of birth injuries and birth defects. When this occurs, a stunned family might want to pursue justice via a birth defect lawsuit.

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

Birth injuries and birth defects can be caused by a variety of factors such as environmental exposures. 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 filed lawsuits against companies that exposed workers to harmful chemicals, and also against pharmaceutical companies that have developed medications that can cause birth defects in fetuses such as DES.

If you believe that your child's birth defect, or birth injury was caused by medical malpractice, you should seek out a skilled birth defect lawyer as soon as you can. In certain states, you have only one year to file a lawsuit against medical malpractice. If you delay and you don't, your child will not receive the justice they deserve.

Statute of Limitations

A statute of limitations is a law that establishes how long a person has to file a civil claim. If a person misses the deadline, they lose their right to recover damages from the defendant. Birth injury cases can have more complicated statutes of limitations than other types of medical malpractice cases.

A lawsuit is usually filed against the medical professional or hospital who caused the patient's injuries during labor and birth. These cases can be called birthing injury suits or wrongful birth lawsuits however, Florida's laws allow parents to file a malpractice suit in the event of the death of a baby.

In order to prove medical negligence, the person who was injured will need to show that the doctor who was at fault didn't adhere to the level of care and consideration required by a different health healthcare provider in similar circumstances. This includes failing to diagnose an illness that is serious, such as low levels of oxygen in the childbirth process that result in cerebral palsy or brain damage.

The first step to file a birth defect lawsuit is to speak with an experienced attorney. The majority of lawyers offer free consultations and case reviews for potential clients. If an attorney believes that a client's claim is valid they will look over the medical documents of the client and then hire experts to review the records. They will also assist in preparing documents and file the medical malpractice lawsuit in time.

Expert Witnesses

In a case involving a birth injury it is essential to have experts who can explain medical procedures and practices to a jury. Expert witnesses can be difficult as they have to carefully review a large amount of information to make decisions in accordance with facts rather than opinions. In addition, they must be able to testify regarding facts that could contradict their positions.

In the Daubert case the plaintiffs' experts argued that Bendectin caused their child's birth defects. The judge found that the evidence was at the "cutting edge of research in science, where fact meets theory and the certainty transforms into probabilities." However, the judge did not consider there was enough evidence that Bendectin increased the chance of developing birth defects.

The Daubert decision was a blow to plaintiffs that had filed suit against pharmaceutical companies in seeking justice. However, there are various ways in which an injured party may pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer can provide victims with advice on whether they have a right to sue. A lawyer can determine whether the plaintiff is able to file a suit on their own or as part of a class action. In some instances lawyers can make a claim for birth injury as part a multidistrict lawsuit. Please fill out the form below to receive a confidential and free consultation with an attorney.

Representation

Modern technology and recent advancements in the field of medicine could have reduced the risk of complications occurring during pregnancy and childbirth, but they are not completely 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 claims often stem from a doctor's failure to recognize or treat a condition. For instance, a physician may not perform an ultrasound test or make a mistake during surgery, resulting in a birth defect similar to spina bifida. Other causes that can lead to a birth defect lawsuit include inadequate medication for the mother or exposure to chemicals or other environmental hazards when 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 significantly diminish a baby's life expectancy or lead to a significant amount of medical expenses.

If you think the birth defect or injury is the result of medical malpractice or negligent care during labor or pregnancy get in touch with a reputable birth defect attorney today. A lawyer can help identify your options and make a claim prior to the statute of limitations expires. A lawyer can also negotiate a settlement with the parties accountable for the harm to your infant.