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How to File a Birth Defect Lawsuit

Modern technology and advancements in medicine have dramatically reduced the risk of childbirth. Birth defects or injuries occur often.

A birth defect lawsuit seeks to recover for your child's medical expenses education costs, as well as other expenses. You must prove that the medical professional who was involved did not follow the standard of treatment during or prior to pregnancy or delivery.

Damages

Pregnancy is one of the most exciting and stressful experiences a parent can experience. Parents want their children to be perfect, and doctors try to do everything possible to stop birth defects from happening. However, carelessness and negligence on the part of medical professionals can increase the chance of birth injuries and birth defects. When this occurs families that are shocked should consider seeking justice through a birth defect lawsuit.

A successful birth defect lawsuit can result in damages for a number of different things. This can include the pain and suffering as well as loss of consortium, medical expenses, and loss of 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 affected with their life quality.

Birth injuries and birth defects can be caused by a number of factors that include environmental exposures. Studies have shown that certain chemicals like fungicides, pesticides and lead, as well as paints, and heavy metals can increase the risk of birth defects. Birth defect lawyers have filed lawsuits against companies that exposed workers to harmful chemicals, as well as pharmaceutical companies that manufacture drugs like DES that can cause birth deformities in fetuses.

If you suspect medical malpractice caused the birth injury of your child or birth defect, it is recommended to consult a lawyer for birth defect law firms defects immediately. In certain states, you only have one year to file a lawsuit for medical malpractice. If you delay, it could mean that your child will not receive the justice they deserve.

Statute of limitations

A statute of limitations is a law which defines how long a person has to file a civil action. If a person fails to meet a deadline will lose the right to sue a defendant for damages. Birth injury claims can be more complex in terms of the time limit than other medical malpractice claims.

A lawsuit is usually filed against the hospital or doctor that caused a patient's injuries during labor and birth. These types of cases are typically called birthing injuries lawsuits or wrongful birth suits, although Florida's laws allow parents to pursue a medical malpractice suit to bring a child's death.

In a medical malpractice case the plaintiff must prove the at-fault doctor was not adhering to the expected level of care and consideration another health care provider would have applied in similar circumstances. This includes failing diagnose a serious condition such as low levels of oxygen during childbirth that can cause cerebral palsy and brain damage.

The first step in filing a birth defect lawsuit is to contact a skilled attorney. Most attorneys offer free consultations and case review to prospective clients. If the attorney believes a client has a valid case, they will review medical records and hire experts to review them. They will also assist in preparing documents and file the medical malpractice lawsuit within time.

Expert Witnesses

In a case involving a birth injury it is crucial to have experts who can explain medical practices and procedures before a jury. Expert witnesses can be difficult since they have to carefully review the vast amount of information to be able make decisions based on fact rather than opinions. Furthermore, they should be able to testify regarding things that may contradict their opinions.

In the Daubert case the plaintiffs' experts suggested that Bendectin was the cause of birth defects for their child. The judge found that the evidence was at the "cutting edge of research in science, where reality is matched by theory, and certainty turns into probability." However, the judge did not believe that there was sufficient evidence that Bendectin increased the chance of developing birth defects.

The Daubert decision was a blow to plaintiffs that had sued pharmaceutical companies in seeking justice. There are many avenues for an injured party to file a lawsuit for a birth defect.

A Philadelphia birth defect attorney can help victims determine if they have a case. A lawyer can assist plaintiffs determine whether they are eligible to file a personal lawsuit or a class action. In some instances, an attorney can file a lawsuit for birth injuries as part a multidistrict lawsuit. To begin by filling out the form below for a an initial consultation for free and confidential with a professional attorney.

Representation

Modern technology and recent advancements in the medical field may have reduced the risk of complications occurring during pregnancy and childbirth but they're not entirely eliminated. If a birth defect, or injury occurs and the cause could have been avoided, Birth defect lawyers parents may seek legal action to recover the costs associated with treatment.

Medical negligence claims typically stem from a doctor's failure to properly diagnose or treat a condition. A doctor may fail to conduct an ultrasound or make a mistake during surgery, resulting in a birth defect such as spina bifida. Birth defects can be caused by the wrong medication taken by the mother or exposure to chemicals and other environmental dangers during the development of the baby in the womb.

A birth defect can affect any part of the newborn's body which can affect their appearance, health and functioning. In some instances birth defects can decrease the life expectancy of a newborn or lead to significant medical expenses.

If you believe 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 help discover your options and make a claim prior to the deadline for filing a claim expires. A lawyer may also be capable of negotiating an agreement on your behalf with the parties responsible for your infant's injury.