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How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have drastically 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 to recover for medical expenses of your child education costs, as well as other expenses. You must prove that the medical professional you are suing violated the standard treatment prior to or during pregnancy or delivery.

Damages

Pregnancy can be one of the most exciting yet nerve-wracking experiences in a parent's lifetime. 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 practitioners can increase the risk of birth injuries and birth defects. If this happens an astonished family may want to seek justice through a birth defect lawsuit.

A successful birth defect lawsuit may result in damages for a number of different things. This includes the victim's pain and suffering as well as loss of consortium, medical expenses and lost earning capacity. The amount of damages a person suffers will depend on the severity of their child's medical condition and the extent to which it has impacted with their daily life.

Birth injuries and birth defects can be caused by a number of factors such as environmental exposures. Studies have shown that certain chemicals, such as pesticides, birth Defect fungicides and lead, as well as heavy metals and paints can increase the chances of birth defects. Birth defect lawyers have filed lawsuits against companies that exposed workers to toxic chemicals, birth defect as well against pharmaceutical companies that have produced drugs that could 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 speak with a skilled birth defect lawyer as soon as possible. In certain states, you only have one year to file a lawsuit claiming 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 sets the deadline for someone to file a civil lawsuit. If a person fails to meet the deadline, they lose the right to claim damages from the defendant. Birth injury cases could have more complicated statutes of limitations than other types of medical malpractice cases.

A lawsuit is usually filed against the hospital or doctor that caused an injury to an individual during labor and delivery. These cases are usually called birthing injuries lawsuits or wrongful birth suits however Florida's laws permit parents to bring a medical malpractice lawsuit to bring a child's death.

In a medical malpractice lawsuit the victim must prove that the doctor at fault did not follow the standard of care and consideration another medical professional would have utilized in similar circumstances. This includes failing to recognize an illness of serious severity, such as low oxygen levels during childbirth that can cause brain damage and cerebral palsy.

The first step in filing a birth defect lawsuit is to reach a skilled attorney. Many attorneys provide free consultations to potential clients. If an attorney believes a client's claim is valid they will look over the medical records of the client, and they will hire experts to review the claims. They will also help prepare documents and file 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. However, expert witnesses aren't easy to work with because they must be able to scrutinize massive quantities of information and make decisions based upon facts rather than opinions. They should also be able to testify on evidence that might contradict their position.

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

The Daubert decision was a blow to plaintiffs that had filed lawsuits against pharmaceutical companies in the hope of obtaining justice. There are numerous avenues that an injured person could pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer can provide victims with advice about whether they have an opportunity to file a claim. Lawyers can determine if a plaintiff is eligible to file a lawsuit on their own or as part of an action class. In some cases lawyers may be able to make a birth injury claim as part of multidistrict lawsuit (MDL). Fill out the form below to receive a confidential and free consultation with an attorney.

Representation

Although modern technology and recent advances in medicine have greatly reduced the risk of complications during pregnancy and childbirth, they are not entirely eliminated. When a birth defect or injury occurs and the cause is preventable, parents can seek legal action to pay for the costs related to treatment.

Medical negligence claims usually result from a doctor's inability to diagnose or treat a problem. For example, a physician could neglect to perform an ultrasound screening or make mistakes during surgery, which could result in a Birth Defect (010-5491-6288.Iwebplus.Co.Kr), 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 while the baby is developing in the womb.

A birth defect can affect any part of a newborn's body and affect their health, performance and appearance. In certain instances, a birth defect can significantly diminish a baby's life expectancy, or cause an enormous amount of medical expenses.

If you suspect your child's birth defect or injury was due to medical malpractice or negligent care during labor or pregnancy, contact a qualified birth defect lawyer today. A lawyer can explain your options and help you make a claim before the statute of limitations expiring. A lawyer can also negotiate a settlement with the parties accountable for the injury of your child.