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How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have significantly reduced the risk of childbirth. Birth defects or injuries occur often.

A birth defect lawsuit seeks to compensate your child for medical expenses, educational costs and other damages. You must prove that the medical professional who was involved breached the standard of care prior to or during the birth or during pregnancy.

Damages

Pregnancy is one of the most exciting and nerve-wracking moments in the life of a mother. Parents want their babies perfect, and doctors do everything to prevent birth defects. Medical negligence and inattention can increase the risk for birth defects and injuries. When this occurs families that are shocked may want to seek justice through a birth defect lawsuit.

A successful birth defect suit could result in damages for many different things. This can include pain and suffering for the victim as well as loss of consortium, medical expenses, not to mention loss of earning capacity. The amount of the damages a victim is awarded will depend on the severity of their child's medical condition and the extent to which it has affected in their quality of life.

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

If you suspect medical malpractice caused your child's birth injury or birth defect, consult a lawyer for birth defects immediately. In certain states, you only have 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 will never receive the justice they deserve.

Statute of Limitations

A statute of limitations is a law which defines the time limit for a person to file a civil claim. Anyone who fails to meet an expiration date will lose the right to sue a defendant for damages. Birth injury cases could have more complicated statutes of limitations than other types of medical malpractice cases.

A lawsuit is typically brought against the hospital or doctor that caused an injury to an individual during labor and delivery. These cases are often called birthing injury lawsuits or wrongful birth lawsuits however Florida's laws allow parents to file a malpractice lawsuit for the death of a child.

In order to prove medical malpractice, the victim must prove that the doctor at fault did not follow the standard of care and consideration required by a different health care provider in similar circumstances. This includes failing to recognize a serious condition such as low oxygen levels in childbirth which could lead to cerebral palsy and brain damage.

Finding a reputable attorney is the first step to file a lawsuit for birth defects. A majority of attorneys offer free consultations to potential clients. If the attorney believes a client has a valid case, they will look over medical records and employ experts to examine them. They can also assist in the preparation of documents and filing the medical malpractice suit within time.

Expert Witnesses

In the case of a birth injury, it is important to have experts who can explain medical procedures and practices before a jury. However, expert witnesses aren't easy to work with as they must be able to scrutinize massive quantities of information and be able to make decisions based on facts rather than their opinions. They should also be prepared to testify about facts which may contradict their opinions.

In the Daubert Case, the plaintiffs' expert believed that Bendectin caused the birth defect in their child. The judge found that the evidence was on the "cutting edge of research in science, where fact meets theory and certainty dissolves into probabilities." However the judge did consider there was enough evidence to support the claim that Bendectin doubled a baby's risk of developing birth defects.

The Daubert ruling was a setback for plaintiffs who had sued pharmaceutical companies in order to obtain justice. There are many avenues for a person who has suffered injury to seek a legal action over a birth defect.

A Philadelphia birth defect lawyer can help victims determine whether they are a victim. A lawyer can determine whether a plaintiff is eligible to pursue a lawsuit by themselves or as part of an action class. In certain instances a lawyer may bring a birth injury lawsuit as part of multidistrict litigation (MDL). Complete the form below to receive a confidential and birth free consultation with an attorney.

Representation

Although the latest technology and developments in the field of medicine have drastically reduced the chance of complications during childbirth and pregnancy, they are not entirely eliminated. If a birth defect or injury occurs and the cause could have been avoided, parents can seek legal action to cover costs related to treatment.

Medical negligence claims are typically based on a doctor's failure diagnose or treat a disease. A doctor may fail to diagnose an ultrasound or make a mistake during surgery, resulting in birth defects such as spina bifida. Birth defects can be caused by a wrong medication taken by the mother, or exposure to chemicals and other environmental dangers during the child's development in the womb.

A birth defect can affect any part of the body of a newborn which can affect their health, appearance and function. In some instances birth defects can shorten the life span of a child or trigger substantial medical expenses.

If you suspect that your child's birth defect or injury is the result of medical malpractice or negligent care during pregnancy or labor get in touch with a reputable birth defect lawyer today. A lawyer can help you discover your options and make a claim prior to the deadline for filing a claim expires. A lawyer may also be competent to negotiate a settlement on behalf of you with the responsible parties for your child's injuries.