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How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have greatly reduced the risks associated with childbirth. But, a birth defect or injury is still a common occurrence.

A birth defect lawsuit seeks to recover for medical expenses of your child as well as educational costs and other losses. You must prove that the medical professional involved has violated the standard medical care during or before the birth or during pregnancy.

Damages

Pregnancy is one of the most exciting and nerve-wracking experiences a parent can experience. Parents want their babies to be perfect, and doctors strive to do everything 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 happens the family of the victim may want to seek justice through a birth defect lawsuit.

A successful birth defect lawsuit may result in damages for a variety of different things. This includes the victim's pain and suffering, loss of consortium, medical expenses and lost earning capacity. The amount of damages a victim will receive depends on the severity of the child's medical condition and how it has affected their standard of life.

Birth injuries and birth defects can be caused by a variety of causes which include exposure to environmental factors. Studies have proven that certain chemicals, like fungicides, pesticides, lead, paints, and heavy metals can increase the chance of birth defects. Birth defect lawyers have filed suits against companies that exposed workers to harmful chemicals, and also against pharmaceutical companies that have produced drugs that could cause birth defects in fetuses, such as DES.

If you believe that your child's birth defect, or birth defect law firm injury is the result of medical malpractice, it is important to speak with a skilled birth defect lawyer as quickly as you can. In some states, you have only one year to file a medical malpractice suit, and waiting any longer than that may 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 that defines the deadline for when a person is allowed to file a civil claim. If a claimant fails to file by the deadline, they lose the right to claim damages from a defendant. Birth injury cases 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 injuries to a patient during labor and delivery. These cases are often called birthing injuries lawsuits or wrongful birth suits, however, Florida's laws permit parents to make a claim for medical malpractice in the event of a baby's death.

In a medical malpractice case, the injured party must prove that the doctor Birth Defect at fault failed to adhere to the expected level of care and consideration any other medical professional would have applied in similar circumstances. This includes failing diagnose a serious condition such as low levels of oxygen during childbirth which can lead to cerebral palsy and brain damage.

The first step in filing a birth defect lawsuit is to speak with an experienced attorney. Many attorneys provide free consultations to potential clients. If an attorney is convinced that a client's claim is valid they will go over the medical records of the client and employ experts to assess the evidence. They will also assist in preparing documents and file the medical malpractice lawsuit in time.

Expert Witnesses

In a case involving a birth injury it is crucial to have experts who can explain medical practices and procedures to jurors. Expert witnesses can be difficult since they have to scrutinize a vast amount of data to make decisions that are based on evidence rather than opinion. They should also be able to testify on facts that may conflict with their opinions.

In the Daubert case the plaintiffs' experts claimed that Bendectin contributed to their child's birth defects. The judge ruled that the evidence was at the "cutting edge of research in science, where fact meets theory, and certainty transforms into probabilities." However, the judge did not believe that there was sufficient evidence to prove that Bendectin doubled a baby's risk of developing birth defects.

The Daubert decision was an affront to plaintiffs who had filed a lawsuit against pharmaceutical companies an effort to obtain justice. However, there are various ways in which the injured party could pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer can help victims on whether they're eligible for claims. A lawyer can assist clients determine if they're qualified to file a lawsuit on their own or a class action. In certain cases, an attorney can start a lawsuit for birth injury as part a multidistrict lawsuit. Fill out the form below to get a confidential and free consultation with an attorney.

Representation

Modern technology and recent advances in medicine may have reduced the chance of complications arising during pregnancy and childbirth, but 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 related to treatment.

Medical negligence claims are typically result from a doctor's inability identify or treat an illness. For example, a physician may not perform an ultrasound examination 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 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 impact their health, function and appearance. In certain instances, a birth defect can severely reduce a baby's life expectancy or lead to an enormous amount of medical expenses.

If you suspect your child's birth defect or injury was caused by medical malpractice or negligent care during labor or pregnancy, contact a qualified birth defect attorney today. A lawyer can help understand your options and make a claim prior to the time limit expires. A lawyer may also be able to negotiate a settlement on your behalf with the parties accountable for your infant's injury.