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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 is still a common occurrence.

A birth defect lawsuit seeks to recover for your child's medical expenses as well as educational costs and other expenses. You must prove that the medical professional you are suing breached the standard of care during or before the pregnancy or birth.

Damages

Pregnancy is one of the most exciting and stressful moments in the life of a mother. Parents want their babies to be perfect, and doctors work to do everything possible to prevent birth defects from happening. Unfortunately, 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, a stunned family might want to pursue justice via a birth defect lawsuit.

A successful birth defect lawsuit could result in damages for a variety of different things. This includes suffering and pain for the victim, 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 severity of the child's medical condition and how it has affected their standard of life.

Birth injuries and birth defects can be caused by a variety of factors, including exposure to environmental factors. Studies have proven that certain chemicals like pesticides, fungicides, lead, paints and heavy metals can increase the chance of birth defects. Birth defect lawyers have brought suits against companies that exposed workers to hazardous chemicals, as well as against pharmaceutical companies that have developed drugs that can cause birth defects in fetuses like DES.

If you suspect that your child's birth defect or Birth defect injury is the result of 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 put off filing a lawsuit for a longer period it could mean that your child will not receive the justice they deserve.

Statute of Limitations

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

A lawsuit is usually filed against the medical professional or hospital that caused a patient's injuries during labor and delivery. These cases are sometimes referred to birthing injury lawsuits or wrongful birth lawsuits however Florida's laws permit parents to file a malpractice suit in the event of the death of a baby.

In a case of medical malpractice the victim must prove that the doctor at fault failed to adhere to the expected level of care and consideration other health care providers would have applied in similar circumstances. This could include failing to recognize serious conditions like low oxygen levels in childbirth which could lead to cerebral palsy and brain damage.

The first step in filing a birth defect lawsuit is to get in touch with an experienced attorney. A majority of attorneys offer free consultations and case review to prospective clients. If the lawyer believes that a client has a valid case, they will look into medical records and appoint expert witnesses to assess the case. They will also assist in preparing documents and filing the medical malpractice lawsuit on time.

Expert Witnesses

In a case with birth injuries, it is essential to have medical experts who are able to explain to a jury the medical procedures and practices. Expert witnesses can be difficult as they have to scrutinize the vast amount of information to be able make decisions based on facts, not opinions. They should also be prepared to testify about facts that may conflict with their opinions.

In the Daubert case the plaintiffs' experts argued that Bendectin caused their child's birth defects. The judge ruled 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 sufficient evidence that Bendectin doubled the chances of developing birth defects.

The Daubert ruling was a setback to the plaintiffs, who had filed a lawsuit against pharmaceutical companies in order to get justice. 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 a claim. A lawyer can decide if a plaintiff is eligible to file a lawsuit individually or as part of an action class. In certain cases lawyers may be able to file a birth injury lawsuit in the context of multidistrict litigation (MDL). To get started by filling out the form on this page for the opportunity to have a no-cost and confidential consultation with a reputable attorney.

Representation

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

Medical negligence claims tend to be result from a doctor's inability diagnose or treat a condition. For example, a physician might fail to conduct an ultrasound examination or make mistakes during surgery, resulting in a birth defect, such as spina bifida. Other causes that can lead to a birth defect lawsuit include improper 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 a newborn's body, and affect their health, function and appearance. In some instances, a birth defect can dramatically reduce a child's life expectancy or result in an enormous amount of medical costs.

If you think your child's birth defect or injury was the result of medical malpractice or negligent care during labor or pregnancy, contact a qualified birth defect lawyer today. A lawyer can help you identify your options and submit a claim before the statute of limitations runs out. A lawyer may also be in a position to negotiate settlements on your behalf with the responsible parties for your child's injuries.