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How to File a birth defect attorney Defect Lawsuit

Modern technology and advances in medicine have drastically reduced the risks associated with the birth of a child. Birth defects or injuries occur often.

A birth defect lawsuit seeks to pay your child's medical expenses, educational costs and other damages. To be able to file an action, you must prove that medical professionals did not meet the standard of care prior to or during pregnancy, or the birth of your child.

Damages

Pregnancy is among the most exciting and nerve-wracking experiences a parent can experience. Parents want their children to be perfect, and doctors try to do everything possible to stop birth defects from happening. However, carelessness and negligence on the part of medical professionals can increase the chance of birth injuries and birth defects. When this happens families that are shocked should consider seeking justice through a birth defect lawsuit.

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

Birth injuries and birth defects can be caused by a variety of causes which include environmental exposures. Research has shown that certain chemicals, like pesticides, fungicides and lead, as well paints, and heavy metals can increase the chance of birth defects. Birth defect lawyers have filed lawsuits against companies that have exposed workers to toxic chemicals, as well against pharmaceutical companies who have manufactured medications that can cause birth defects in fetuses, like DES.

If you suspect that medical malpractice caused the birth injury or birth defect, you should seek out a birth defect lawyer immediately. In certain states, you have only one year to file a lawsuit against medical malpractice. If you wait it could mean that your child will never receive the justice they deserve.

Statute of limitations

A statute of limitations is a law which establishes the deadline for someone to file a civil lawsuit. If a person fails to meet the deadline, they lose their right to recover damages from the defendant. Birth injury claims may be more complex in terms of the time limit than other medical malpractice claims.

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 suits, however, Florida's laws permit parents to make a claim for medical malpractice for an infant's death.

In a medical malpractice lawsuit the victim must prove the at-fault doctor did not follow the expected level of care and consideration that any other medical professional would have utilized in similar circumstances. This could include failing to recognize serious conditions like 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 reviews for prospective clients. If the attorney believes a client has a valid claim they will look over medical records and hire experts to evaluate the evidence. They will also assist in preparing documents and file the medical malpractice suit on time.

Expert Witnesses

In cases involving birth injuries, it is essential to have medical experts who can explain to a jury the medical procedures and practices. Expert witnesses can be difficult to work with since they have to carefully review huge amounts of information and make decisions based on evidence rather than opinions. Furthermore, they should be prepared to testify about facts that could contradict their positions.

In the Daubert Case the plaintiffs' expert claimed that Bendectin caused their child's birth defect. The judge ruled that the evidence was "at the cutting edge of scientific research where fact meets theories, and certainty dissolves into probabilities." However the judge did not believe there was sufficient evidence to prove that Bendectin caused birth defects.

The Daubert ruling was a setback for the plaintiffs, who had suing pharmaceutical companies to try and achieve justice. There are numerous avenues for a person who has suffered injury to seek a legal action over a birth defect.

A Philadelphia birth defect lawyer will assist the victims to determine whether they're eligible for a claim. Lawyers can assist clients determine if they're eligible to file an individual lawsuit or a class action. In some instances attorneys can bring a lawsuit on behalf of a birth injuries as part an interdistrict litigation. Please fill out the form below to get a confidential and free consultation with an attorney.

Representation

Although modern technology and recent advancements in the medical field have drastically reduced the chance of complications during childbirth and pregnancy however, they are not completely eliminated. If a birth defect, or injury occurs and the cause is preventable, parents can seek legal action to cover the costs associated with treatment.

Medical negligence cases typically result from a doctor's inability to diagnose or treat a problem. For instance, a doctor could neglect to perform an ultrasound test or make an error during surgery, resulting in a birth defect such as spina bifida. Other causes for birth defect lawsuits include inadequate medication for the mother or birth defect Lawsuits exposure to chemicals or other environmental hazards as the baby develops in the womb.

A birth defect may affect any part of the body of a newborn which can affect their health, appearance and functioning. In some instances the birth defect can severely reduce a baby's life expectancy, or cause significant medical expenses.

Contact an attorney for birth defects immediately if you believe your child's birth defect or injury was caused by medical negligence or malpractice during pregnancy or labor. A lawyer can help determine your options and make a claim prior to the statute of limitations expires. A lawyer may also be in a position to negotiate settlements on behalf of you with the parties accountable for the injury to your child.