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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 is still a common occurrence.

A birth defect lawsuit seeks reimbursement for medical expenses of your child education costs, as well as other losses. To be able to file an action, you must prove that a medical professional did not meet the standard of care prior to or during pregnancy, or the birth of your child.

Damages

Pregnancy can be one of the most exciting but nerve-wracking moments during the lifetime of a parent. Parents want their children to be perfect, and doctors attempt to do all they can to stop birth defects from happening. Unfortunately, negligence and carelessness on the part of medical practitioners can increase the chance of birth injuries and birth defects. When this occurs, a stunned family ought to consider pursuing justice through 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, loss of consortium and medical expenses, not to mention loss of earning capacity. The amount of the damages a victim is awarded will depend on the severity of their child's illness and the extent to which it has affected in their quality of life.

Birth injuries and birth defects can be caused by a number of causes that include environmental exposures. Studies have revealed that certain chemicals like fungicides, pesticides and lead, as well as paints and heavy metals may increase the likelihood of birth defects. Birth defect lawyers have brought suits against businesses that have exposed workers to harmful chemicals, and also against pharmaceutical companies that have produced 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 negligence, you must consult a skilled birth defect lawyer as quickly as possible. In some states, you have only one year to file a medical negligence lawsuit, and waiting more than that could mean losing your chance to obtain the justice you are due for birth Defect the injury your child sustained.

Statute of Limitations

A statute of limitations is a law which defines the deadline for when a person is allowed to file a civil lawsuit. If a person fails to meet the deadline, they will lose their right to seek damages from the defendant. Birth injury claims be more complex in terms of the statute of limitations than other medical malpractice claims.

A lawsuit is typically filed against the hospital or doctor that caused injuries to a patient during labor and delivery. These cases are often referred to birthing injury suits or wrongful birth lawsuits, however Florida's laws permit parents to file a malpractice suit for the death of a baby.

In order to prove medical malpractice, the victim will need to show that the doctor at fault didn't adhere to the level of care and consideration expected by another health healthcare provider in similar circumstances. This could include failing to recognize a serious condition such as low levels of oxygen during childbirth which could lead to cerebral palsy and brain damage.

The first step in filing a birth defect law firm defect lawsuit is to contact a skilled attorney. Most attorneys offer free consultations to prospective clients. If an attorney believes the claim of a client is valid they will go over the medical documents of the client and employ experts to assess the evidence. They can also assist in the preparation of documents and filing the medical malpractice lawsuit in time.

Expert Witnesses

In a case involving a birth injury, it is important to have experts who can explain medical practices and procedures to a jury. Expert witnesses can be difficult to work with since they have to carefully review huge amounts of data and be able to make decisions based on facts rather than opinions. Furthermore, they should be willing to testify on things that may contradict their views.

In the Daubert case, the plaintiffs' experts claimed that Bendectin contributed to their child's birth defects. The judge found that the evidence was on the "cutting edge of scientific research, where evidence meets theory and the certainty transforms into probability." However the judge did not believe there was sufficient evidence to support the claim that Bendectin doubled a baby's risk of developing birth defects.

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

A Philadelphia birth defect lawyer can assist victims about whether they are eligible for a right to sue. A lawyer can decide if the plaintiff is eligible to pursue a lawsuit by themselves or as part of an action class. In some cases, an attorney can file a lawsuit for birth injuries as part of multidistrict litigation. Fill out the form below to receive a confidential and free consultation with an attorney.

Representation

Modern technology and recent advancements in medical technology may have reduced the chance of complications arising during pregnancy and childbirth, however they're not completely eliminated. When a birth defect or injury occurs, and the cause was preventable, parents can pursue legal action to pay for the costs associated with treatment.

Medical negligence claims typically result from a doctor's inability to properly diagnose or treat a condition. For example, a physician may not perform an ultrasound test 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 insufficient medication for the mother or exposure to chemicals or other environmental hazards while the baby develops in the womb.

A birth defect can affect any part of the body of a baby and affect their health, functioning and appearance. In certain instances, a birth defect can severely reduce a baby's life expectancy or result in a significant amount of medical expenses.

If you suspect that 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 assist you to identify your options and submit a claim before the time limit expires. A lawyer can also negotiate a settlement with the parties accountable for the injury suffered by your child.