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How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have greatly reduced the risks associated with the birth of a child. But, a birth defect or injury can still happen frequently.

A birth defect lawsuit seeks compensation for medical expenses of your child, educational costs, and other expenses. You must prove that the medical professional you are suing has violated the standard medical treatment prior to or during the birth or during pregnancy.

Damages

Pregnancy is one of the most exciting and nerve-wracking times in a parent's life. Parents want their babies to be perfect, and doctors work to do everything possible to prevent birth defects from happening. However, carelessness and negligence on the part of medical professionals can increase the chance of birth injuries and birth defects. If this happens, a stunned family ought to consider pursuing justice through a birth defect lawsuit.

A successful birth defect lawsuit can result in damages for a range of different things. These include a victim's suffering and suffering as well as loss of consortium, medical expenses and lost earning capacity. The amount of damages the victim will receive is contingent on the degree of the child's health and how much it has affected their standard of life.

Birth injuries and birth defects can be caused by a variety of factors which include environmental exposures. Research has shown that certain chemicals like pesticides, fungicides, lead, paints, and heavy metals can increase the likelihood of birth defect attorney defects. Birth defect lawyers have brought suits against companies that exposed workers to harmful chemicals, and against pharmaceutical companies that have made drugs that can cause birth defects in fetuses, like DES.

If you believe that your child's birth defect or birth injury is the result of medical negligence, you must seek out a skilled birth defect lawyer as soon as you can. 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 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 lawsuit. If someone misses the deadline, they will lose the right to claim damages from a defendant. Birth injury claims may be more complex in terms of the statute of limitations than other medical malpractice claims.

A lawsuit is typically filed against the doctor or hospital that caused injuries to a patient during labor and delivery. These cases are sometimes referred to as birthing injury suits 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 a medical malpractice case the victim must prove that the doctor at fault failed to adhere to the standards of care and consideration another medical professional would have followed in similar circumstances. This includes failing to diagnose a serious illness, such as low levels of oxygen during childbirth which can lead to cerebral palsy and brain damage.

The first step to file a birth defect lawsuit is to get in touch with a skilled attorney. A majority of attorneys offer free consultations and case review to potential clients. If the lawyer believes that a client has a valid case, they will examine medical records and employ experts to evaluate the evidence. They can also assist in the preparation of documents and file the medical malpractice lawsuit on time.

Expert Witnesses

In a birth injury case it is crucial to have experts who can explain medical procedures and practices to a jury. Expert witnesses can be difficult to testify because they have to carefully review a large 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 opinion.

In the Daubert case, the plaintiffs' experts claimed that Bendectin contributed to their child's birth defects. The judge concluded that the evidence was on the "cutting edge of research in science, where fact meets theory, and certainty transforms into probabilities." However, the judge did not believe there was sufficient evidence that Bendectin increased the chance of developing birth defects.

The Daubert decision was a setback to plaintiffs who had filed lawsuits against pharmaceutical companies in an effort to obtain justice. However, there are many ways that an injured person could pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer can help victims on whether they have a right to sue. A lawyer can determine if the plaintiff is able to file a lawsuit on their own or as part of an action class. In certain cases attorneys can file a lawsuit for birth injuries as part of multidistrict litigation. To get started complete the form on this page for an unreserved and confidential consultation with a reputable attorney.

Representation

Although the advancements in technology and advancements in the medical field have greatly reduced the risk of complications during pregnancy and childbirth, they are not entirely eliminated. When a birth defect or injury occurs, and birth defect the cause was preventable parents can seek 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 might fail to conduct an ultrasound screening or make mistakes during surgery, resulting in a birth defect similar to spina bifida. Other causes for a birth defect lawsuit include an ineffective medication for the mother or exposure to chemicals or other environmental dangers while the baby is growing in the womb.

A birth defect can affect any part of the body of a baby and impact their health, function and appearance. In some instances, a birth defect can dramatically reduce a child's life expectancy or result in significant medical expenses.

If you suspect that your child's 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 explain your options and assist you to file a claim prior to the deadline for filing. A lawyer may also be in a position to negotiate a settlement on behalf of you with the parties responsible for your infant's injury.