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How to File a Birth Defect Lawsuit

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

A birth defect lawsuit seeks reimbursement for your child's medical expenses as well as educational costs and other losses. You must prove that the medical professional you are suing violated the standard care prior to or during pregnancy or delivery.

Damages

Pregnancy is among the most exciting and nerve-wracking experiences a parent can experience. Parents want their children to be perfect, and doctors strive to do everything possible to prevent birth defects from occurring. Unfortunately, negligence and carelessness on the part of medical professionals can increase the chance of birth injuries and birth defects. If this happens an astonished family ought to consider pursuing 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, loss of consortium, birth defect medical expenses and lost earning capacity. The amount of damages the victim will receive is contingent on the severity of the child's medical condition and how much it has affected their quality of living.

Birth injuries and birth defects can be caused by a variety of causes that include exposure to environmental factors. Studies have shown that certain chemicals, such as pesticides, fungicides and lead, as well as paints and heavy metals may increase the chances 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 made products that cause birth defects in fetuses, like DES.

If you believe that your child's birth defect or birth injury was caused by medical malpractice, you should consult a skilled birth defect lawyer as soon as possible. In certain states, birth defect you have only one year to file a medical negligence suit, and waiting any longer than that may mean losing your chance to get the justice you need for your child's injuries.

Statute of limitations

A statute of limitations is a law that establishes the deadline for an individual to file an action in civil court. If a person fails to meet the deadline, they lose the right to claim damages from the defendant. Birth injury cases have more complicated statutes of limitations than other types of medical malpractice cases.

A lawsuit is typically filed against the doctor or the hospital who caused the patient's injuries during labor and delivery. These cases can be referred to birthing injury lawsuits or wrongful birth defect law firms lawsuits, although Florida's laws permit parents to file a malpractice lawsuit for the death of an infant.

In order to prove medical negligence, the person who was injured must prove that the doctor at fault was not able to meet the standard of care or consideration expected by another health medical professional in similar circumstances. This includes failing to recognize a serious condition such as low oxygen levels during childbirth that can cause cerebral palsy or brain damage.

The first step in filing a birth defect lawsuit is to speak with a skilled attorney. Many attorneys provide free consultations and case reviews to prospective clients. If an attorney is convinced that the claim of a client is legitimate they will look over the medical records of the client, and they will hire experts to review the evidence. They will also assist with the preparation of documents and file the medical malpractice suit on time.

Expert Witnesses

In a case which involves birth injuries, it is vital to have medical experts that can explain to jurors the medical procedures and practices. Expert witnesses can be difficult as they have to carefully review the vast amount of information to be able make decisions based on fact rather than opinions. Additionally, they must be willing to testify on things that may contradict their positions.

In the Daubert case, the plaintiffs' experts suggested that Bendectin had caused their child's birth defects. The judge ruled that the evidence was on the "cutting edge of research in science, where reality is matched by theory, and certainty turns into probabilities." 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 an attempt to get justice. Nonetheless, there are still many avenues for an injured party may pursue a birth defect lawsuits defect lawsuit.

A Philadelphia birth defect lawyer can assist victims on whether they're eligible for a right to sue. A lawyer can assist plaintiffs determine whether they are qualified to file a lawsuit as an individual or a class action. In some cases attorneys can bring a lawsuit on behalf of a birth injuries as part an interdistrict litigation. Fill out the form below to receive a confidential and free consultation with an attorney.

Representation

Modern technology and recent advances in medicine may have decreased the chance of complications occurring during childbirth and pregnancy, but they are not completely eliminated. When a birth defect or injury occurs and the cause is preventable, parents may seek legal action to cover costs associated with treatment.

Medical negligence claims typically result from a doctor's inability to recognize or treat a problem. For instance, a doctor might fail to conduct an ultrasound test or make an error during surgery, resulting in a birth defect such as spina bifida. Other common causes of a birth defect lawsuit include improper 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 a newborn's body, and affect their health, performance and appearance. In certain instances, a birth defect can severely reduce a baby's life expectancy or result in significant medical expenses.

If you suspect that the birth defect or injury is the result of medical malpractice or negligent care during labor or pregnancy get in touch with a reputable birth defect attorney today. A lawyer can provide you with your options and assist you file a claim prior to the statute of limitations expiring. A lawyer can also negotiate an agreement with the parties responsible for the injury of your infant.