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How to File a Birth Defect Lawsuit

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

A birth defect lawsuit seeks to recover for your child's medical expenses or educational costs, among other losses. You must prove that the medical professional in question breached the standard of treatment during or prior to the pregnancy or birth.

Damages

Pregnancy is one of the most exciting and nerve-wracking moments in the life of a parent. Parents want their children to be perfect, and doctors attempt to do their best to prevent birth defect attorney defects from occurring. However, carelessness and negligence on the part of medical practitioners can increase the risk of birth injuries and birth defects. If this happens families that are shocked ought to consider pursuing justice through a birth defect lawsuit.

A successful birth defect lawsuit may result in damages for a multitude of different things. This includes suffering for the victim as well as loss of consortium, 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 condition and how much it has affected their standard of living.

Birth injuries and birth defects can be caused by a variety of factors, including environmental exposures. Studies have shown that certain chemicals, such as pesticides, fungicides, lead, paints and heavy metals can increase the risk of birth defect law firm defects. Birth defect lawyers have filed lawsuits against companies that have exposed workers to these hazardous chemicals, as well as against pharmaceutical companies that have developed medications that can cause birth defects in fetuses like DES.

If you believe that your child's birth defect or injury was caused by medical malpractice, you should speak with a skilled birth defect lawyer as quickly as possible. In certain states, you are given one year to file a lawsuit claiming medical malpractice. If you wait longer it could mean that your child won't get the justice they deserve.

Statute of limitations

A statute of limitations is a law that defines how long a person has to file a civil action. If a person fails to meet the deadline, they lose the right to claim damages from the defendant. Birth injury cases could have more complex statutes of limitations than other kinds of medical malpractice claims.

A lawsuit is typically filed against the doctor or hospital who caused injury to a patient during labor and birth. These types of cases are typically referred to as birthing injury lawsuits or wrongful birth suits though Florida's laws allow parents to file a medical malpractice suit to bring a child's death.

To prove medical malpractice, the injured party must prove that the doctor who was at fault didn't adhere to the standard of care and consideration expected by another health care provider in similar circumstances. This includes failing to recognize a serious illness like low oxygen levels during childbirth that cause cerebral palsy or brain damage.

The first step to file a birth defect lawsuit is to contact an experienced attorney. Many attorneys provide free consultations to prospective clients. If an attorney is convinced that the client's claim is legitimate they will go over the medical records of the client and employ experts to evaluate the claims. They can also assist in the preparation of documents and file the medical malpractice suit on time.

Expert Witnesses

In a case involving birth injuries, it is crucial to have medical experts who can provide a jury with the medical practices and procedures. Expert witnesses can be difficult to testify because they must scrutinize a large amount of information in order to make a decision based on facts, not opinion. They should also be able to testify on facts which may contradict their position.

In the Daubert case the plaintiffs' experts argued that Bendectin caused their child's birth defects. The judge concluded that the evidence was at the "cutting edge of scientific research, where fact is matched by theory, and certainty turns into probabilities." However the judge did believe there was enough evidence that Bendectin doubled a baby's risk of developing birth defects.

The Daubert ruling was a setback for the plaintiffs, who had sued pharmaceutical companies in order to get justice. Nonetheless, there are still various ways in which the injured party could pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer can assist victims about whether they are eligible for birth defect an opportunity to file a claim. A lawyer can assist victims determine if they're eligible to file a lawsuit on their own or a class action. In certain situations lawyers may be able to start a lawsuit for birth injuries as part of a multidistrict litigation (MDL). To begin, fill out the form on this page for the opportunity to have a no-cost and confidential consultation with a professional lawyer.

Representation

Modern technology and recent advances in medical technology may have decreased the chance of complications arising during pregnancy and childbirth, but they're still not completely eliminated. When a birth defect or injury occurs and the cause was preventable, parents may pursue legal action to recover the costs related to treatment.

Medical negligence claims are often result from a doctor's inability diagnose or treat a condition. For example, a physician may fail to conduct an ultrasound test or make a mistake during surgery, which could result in a birth defect such as spina bifida. Other causes for a birth defect lawsuit include improper medication for the mother or exposure to chemicals or other environmental hazards as the baby is developing in the womb.

A birth defect can affect any part of the body of a baby and impact their health, function and appearance. In some cases, a birth defect can severely reduce a baby's life expectancy or lead to a significant amount of medical costs.

If you suspect the birth defect or injury was due to medical malpractice or negligent care during labor or birth consult a certified birth defect lawyer today. A lawyer can help you identify your options and make a claim before the deadline for filing a claim expires. A lawyer might also be competent to negotiate settlements on your behalf with the parties responsible for the injuries your infant sustained.