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How to File a Birth Defect Lawsuit

Modern technology and medicine have dramatically reduced the risk of childbirth. But, a birth defect or injury still occurs frequently.

A birth defect lawsuit seeks to recover for your child's medical expenses education costs, as well as other losses. You must prove that the medical professional you are suing did not follow the standard of treatment during or prior to 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 occurring. Unfortunately, carelessness and negligence on the part of medical professionals can increase the risk of birth injuries and birth defect law firms defects. When this occurs families that are shocked might want to pursue justice via a birth defect lawsuit.

A successful birth defect lawsuit may result in damages for a range of different things. This can include pain and suffering for the victim, loss of consortium and medical expenses, not to mention lost earning capacity. The amount of damages that the victim will receive is contingent on the severity of the child's condition and how it has affected their quality of life.

Birth injuries and birth defects can be caused by a number of factors, including exposure to environmental factors. Studies have shown that certain chemicals like fungicides, pesticides lead, paints and heavy metals can increase the chances of birth defects. Birth defect lawyers have brought lawsuits against companies that exposed workers to these hazardous chemicals, as well as against pharmaceutical companies who have manufactured products that cause birth defects in fetuses, like DES.

If you believe 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 possible. In certain states, you only have one year to file a suit for medical malpractice. If you wait this could mean that your child will never receive the justice they deserve.

Statute of limitations

A statute of limitations is a law which defines the deadline for when a person is allowed to file a civil claim. Anyone who fails to meet an expiration date will lose the right to seek damages from a defendant. Birth injury cases can have a more complicated time limit than other medical malpractice claims.

A lawsuit is typically brought against the hospital or doctor that caused an injury to an individual during labor and delivery. These cases can be called birthing injury suits or wrongful birth lawsuits, however, Florida's laws allow parents to file a malpractice lawsuit for the death of a child.

In order to prove medical malpractice, the injured party will need to show that the doctor at fault did not adhere to the standard of care or consideration expected by another health healthcare provider in similar situations. This includes not being able to identify an illness of serious severity such as low levels of oxygen during childbirth 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 to prospective clients. If an attorney believes the client's claim is legitimate, they will review the medical records of the client and hire experts to analyze them. They can also assist in the preparation of documents and file the medical malpractice lawsuit within the timeframe.

Expert Witnesses

In cases with 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 to testify because they must scrutinize an extensive amount of information to be able make decisions based on fact rather than opinions. Furthermore, they should be willing to testify on facts that could contradict their views.

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 scientific research, where fact meets theory and certainty dissolves into probability." However the judge did not believe there was enough evidence to prove that Bendectin increased the chance of developing birth defects.

The Daubert decision was a blow to plaintiffs who had filed a lawsuit against pharmaceutical companies the hope of obtaining justice. But there are many ways that an injured person can pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer can assist victims about whether they are eligible for an opportunity to file a claim. Lawyers can assist clients determine if they're qualified to file an individual lawsuit or a class action. In certain cases, an attorney can bring a lawsuit on behalf of a birth injuries as part of a multidistrict lawsuit. To begin, fill out the form here for an initial consultation for free and confidential with a professional lawyer.

Representation

Although the latest technology and developments in the field of medicine have drastically reduced the chance of complications during pregnancy and childbirth However, they aren't eliminated. When a birth defect or injury occurs, and the cause is preventable, parents can seek legal action to cover the costs associated with treatment.

Medical negligence claims usually result from a doctor's inability to properly diagnose or treat a problem. For example, a physician may fail to conduct an ultrasound examination or make a mistake during surgery, which could result in a birth defect like spina bifida. Other causes for a birth defect lawsuit include improper medication for the mother or exposure to chemicals or other environmental hazards while the baby is developing in the womb.

A birth defect can affect any part of the body of a baby and affect their health, functioning and appearance. In some cases, a birth defect can significantly diminish a baby's life expectancy or birth defect lead to an enormous amount of medical costs.

If you think the birth defect or injury was caused by negligence or medical malpractice during pregnancy or labor, contact a qualified birth defect attorney today. A lawyer can provide you with your options and help make a claim prior the statute of limitations expiring. A lawyer can also negotiate a settlement with the parties responsible for the harm to your infant.