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How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have greatly reduced the risk of childbirth. But, a birth defect or injury still happens frequently.

A birth defect lawsuit seeks reimbursement for medical expenses of your child education costs, as well as other expenses. To pursue claims, you must establish that medical professionals breached the standard of care before or during pregnancy or the birth of your child.

Damages

Pregnancy is among the most exciting and stressful moments in the life of a parent. Parents want their children to be perfect, and doctors strive to do all they can to stop birth defects from occurring. However, carelessness and negligence on the part of medical professionals can increase the risk of birth injuries and birth defects. If this happens families that are shocked may want to seek justice through a birth defect lawsuit.

A successful birth defect lawsuit can result in damages for a number of different things. This can include pain and suffering for the victim along with loss of consortium and medical expenses, not to mention lost earning capacity. The amount of damages that an individual victim will be awarded depends on the severity of the child's medical condition and how much it has affected their standard of life.

Birth injuries and birth defects can be caused by a number of factors that include exposure to environmental factors. Studies have revealed that certain chemicals like pesticides, fungicides lead, paints, and heavy metals can increase the chance of birth defects. Birth defect lawyers have brought lawsuits against companies that have exposed workers to these toxic chemicals, as well against pharmaceutical companies that have produced products that cause birth defects in fetuses like DES.

If you think your child's birth defect, or birth injury was the result of medical negligence, you must seek out a skilled birth defect lawyer as quickly as possible. In certain states, you have only one year to file a medical negligence suit, and waiting any longer than that could mean losing your chance to get the justice you are due for the injury your child sustained.

Statute of limitations

A statute of limitations is a law which defines the time limit for a person to file a civil suit. If a person misses the deadline, they lose the right to collect damages from the defendant. Birth injury claims have a more complicated statute of limitations than other medical malpractice claims.

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

In a medical malpractice case the injured party must prove that the doctor at fault did not adhere to the expected level of care and consideration another medical professional would have applied in similar circumstances. This includes failing to diagnose an illness that is serious, for example, low oxygen levels in childbirth which could lead to cerebral palsy and brain damage.

The first step to file a birth defect lawsuit is to reach a skilled attorney. A majority of attorneys offer free consultations to prospective clients. If an attorney believes that a client's claim is valid, they will review the medical documents of the client, and they will hire experts to analyze the evidence. They will also assist in preparing documents and filing the medical malpractice lawsuit on time.

Expert Witnesses

In cases with birth injuries, it is essential to be able to have medical experts explain to a jury the medical procedures and practices. Expert witnesses can be difficult to testify because they have to scrutinize an extensive amount of information in order to make a decision based on fact rather than opinions. In addition, they must be able to testify regarding facts that could contradict their beliefs.

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

The Daubert decision was a blow to plaintiffs that had sued pharmaceutical companies in the hope of obtaining justice. Nonetheless, there are still 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 claims. Lawyers can assist victims determine if they're eligible to file a lawsuit as an individual or a class action. In certain instances lawyers may be able to file a birth injury lawsuit as part of a multidistrict litigation (MDL). To begin you must fill out the form on this page to request a an initial consultation for free and confidential with a reputable lawyer.

Representation

Although the advancements in technology and advancements in the medical field have greatly 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 seek legal action to pay for the costs related to treatment.

Medical negligence claims are usually caused by a doctor's inability to diagnose or treat a disease. For instance, a physician may fail to conduct an ultrasound test or make an error during surgery, resulting in a birth defect like 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 as the baby is growing in the womb.

A birth defect can affect any part of a newborn's body. It can affect their health, Birth defect functioning and appearance. In certain instances, a birth defect can severely reduce a baby's lifespan or Birth Defect result in a significant amount of medical costs.

If you suspect that the birth defect or injury was caused by negligence or medical malpractice during pregnancy or labor seek out a qualified birth defect attorney today. A lawyer can help determine your options and submit a claim before the time limit expires. A lawyer might also be competent to negotiate settlements on your behalf with the responsible parties for the injuries your infant sustained.