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How to File a Birth Defect Lawsuit

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

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

Damages

Pregnancy is one of the most exciting and stressful moments in the life of a mother. Parents want their babies to be perfect, and doctors strive to do their best to prevent birth defects from occurring. However, carelessness and negligence on the part of medical professionals can increase the risk of birth injuries and birth defects. When this happens the family of the victim ought to consider pursuing justice through a birth defect lawsuit.

A successful birth defect lawsuit could result in damages for a variety of different things. This includes suffering and pain for the victim as well as loss of consortium and medical costs, as well as loss of earning capacity. The amount of damages the victim will be awarded is contingent on the severity of the child's illness and how it has affected their quality of life.

Birth injuries and birth defects can be caused by a number of factors which include exposure to environmental factors. Studies have proven that certain chemicals like fungicides, pesticides, lead, paints, and heavy metals can increase the chances of birth defects. birth defect law firm defect lawyers have filed suits against businesses that have exposed workers to these harmful chemicals, and against pharmaceutical companies that have produced medications that can cause birth defects in fetuses, such as DES.

If you suspect that your child's birth defect or birth injury was the result of medical malpractice, you should seek out a skilled birth defect lawyer as quickly as you can. In certain states, you are given one year to file a lawsuit for medical malpractice. If you put off filing a lawsuit for a longer period it could mean that your child won't get the justice they deserve.

Statute of Limitations

A statute of limitation is a law which establishes the deadline for someone to file an action in civil court. If a person misses the deadline, they lose their right to recover damages from the defendant. Birth injury cases could have more complex statutes of limitations than other types of medical malpractice cases.

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

In a medical malpractice lawsuit, the injured party must prove that the doctor at fault failed to adhere to the expected level of care and consideration another medical professional would have utilized in similar circumstances. This includes failing to recognize a serious condition such as low oxygen levels during childbirth which can result in cerebral palsy and brain damage.

The first step to file a birth defect lawsuit is to contact an experienced attorney. Many attorneys provide free consultations and case review to potential clients. If the attorney believes a client has a valid claim they will examine medical records and engage expert witnesses to assess the case. They will also help prepare documents and file the medical malpractice lawsuit within the timeframe.

Expert Witnesses

In cases with birth injuries, it is crucial to be able to have medical experts explain to jurors the medical procedures and practices. Expert witnesses can be difficult because they have to scrutinize the vast amount of information to make decisions based on facts, birth defect not opinions. They must also be willing to testify about facts that could contradict their opinion.

In the Daubert case, the plaintiffs' experts argued that Bendectin had caused their child's birth defects. The judge found that the evidence was on the "cutting edge of scientific research, where evidence is matched by theory, and certainty turns into probabilities." However, the judge did not believe there was sufficient evidence that Bendectin doubled the chances of developing birth defects.

The Daubert decision was a blow to plaintiffs that had sued pharmaceutical companies in the hope of obtaining justice. But there are many ways that an injured party may pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer can assist victims about whether they are eligible for claims. A lawyer can assist plaintiffs determine whether they are eligible to file an individual lawsuit or a class action. In certain instances lawyers can bring a birth injury lawsuit as part of a multidistrict litigation (MDL). Fill out the form below to receive a private and free consultation with an attorney.

Representation

Modern technology and recent advances in medical technology may have decreased the risk of complications occurring during childbirth and pregnancy, but they're not entirely eliminated. When a birth defect or injury occurs and the cause was preventable parents may seek legal action to cover the costs related to treatment.

Medical negligence claims tend to be caused by a doctor's inability to diagnose or treat an illness. For instance, a physician may not perform an ultrasound test or make mistakes during surgery, resulting 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 when 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 dramatically reduce a child's life expectancy or result in a significant amount of medical costs.

If you suspect your child's birth defect or injury was the result of medical malpractice or negligent care during pregnancy or labor consult a certified birth defect attorney today. A lawyer can assist you to discover your options and make a claim before the statute of limitations expires. A lawyer can also negotiate a settlement with the parties responsible for birth defect the harm to your child.