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How to File a Birth Defect Lawsuit

Modern medicine and technology have greatly reduced the risk of childbirth. But, a birth defect or injury is still a common occurrence.

A birth defect attorneys defect lawsuit seeks to recover for medical expenses of your child, educational costs, and other losses. To be able to pursue a claim, you must demonstrate that medical professionals did not meet the standard of care prior to pregnancy or during the delivery.

Damages

Pregnancy can be one of the most exciting yet nerve-wracking experiences in the life of a parent. Parents want their children to be perfect, and doctors try to do all they can to stop birth defects from happening. Unfortunately, carelessness and negligence on the part of medical professionals can increase the risk of birth injuries and birth defects. When this occurs the family of the victim ought to consider pursuing justice through a birth defect lawsuit.

A successful birth defect lawsuit may result in damages for a range of different things. This includes pain and suffering for the victim along with loss of consortium and medical expenses, as well as loss of earning capacity. The amount of damages a person suffers will depend on the severity of their child's illness and the extent that it has affected with their daily life.

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

If you think your child's birth defect or injury is the result of medical malpractice, it is important to consult a reputable birth defect lawyer as quickly as possible. In certain states, there is only one year to file a medical malpractice suit, and waiting any longer than that can mean losing the chance to receive the justice you have earned for your child's injury.

Statute of Limitations

A statute of limitations is a law that defines how long a person has to file a civil lawsuit. If a person fails to meet a deadline will lose the right to claim damages against a defendant. Birth injury cases can have more complex statutes of limitations than other types of medical malpractice claims.

A lawsuit is typically filed against the doctor or hospital that caused a patient's injuries during labor and birth. These cases can be called birthing injury suits or wrongful birth lawsuits, however Florida's laws allow parents to file a malpractice suit for the death of a child.

In a medical malpractice case the injured party must prove that the doctor at fault was not adhering to the standard of care and consideration that other health care providers would have followed in similar circumstances. This includes failing diagnose serious conditions like low levels of oxygen during childbirth that can cause cerebral palsy and brain damage.

The first step in filing a birth defect lawsuit is to contact an experienced attorney. A majority of attorneys offer free consultations for potential clients. If the attorney believes a client has a valid claim they will look over medical records and employ experts to evaluate their credibility. They will also help prepare documents and file the medical malpractice lawsuit in time.

Expert Witnesses

In a case which involves birth injuries, it is crucial to have medical experts who can provide a jury with the medical practices and procedures. However, birth defect expert witnesses aren't easy to work with because they must scrutinize huge quantities of information and make decisions based on the facts rather than their opinions. They must also be willing to testify about facts which may contradict their beliefs.

In the Daubert case, the plaintiffs' experts suggested that Bendectin was the cause of their child's birth defects. The judge ruled that the evidence was on the "cutting edge of research in science, where reality meets theory, and certainty transforms into probability." However the judge did not consider there was enough evidence that Bendectin doubled a baby's risk of developing birth defects.

The Daubert ruling was a setback for plaintiffs, who had filed a lawsuit against pharmaceutical companies to win justice. Nonetheless, there are still numerous avenues that the injured party could pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer can assist victims about whether they have a right to sue. A lawyer can assist plaintiffs determine if they are qualified to file a lawsuit as an individual or a class action. In some cases lawyers may be able to bring a birth injury lawsuit as part of multidistrict lawsuit (MDL). Fill out the form below for a confidential and free consultation with an attorney.

Representation

Although the latest technology and advances in medicine have greatly reduced the risk of complications during childbirth and pregnancy, they are not entirely eliminated. When a birth defect or injury occurs, and the cause was preventable, parents can seek legal action to pay for the costs related to treatment.

Medical negligence claims are often result from a doctor's inability diagnose or treat a condition. For instance, a doctor may fail to conduct an ultrasound exam or make mistakes during surgery, resulting in a birth defect like spina bifida. Other causes for a birth defect lawsuit include an ineffective medication for the mother or exposure to chemicals or other environmental hazards when the baby is growing 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 drastically reduce a baby's life expectancy or lead to a significant amount of medical costs.

If you believe your child's birth defect or injury was caused by medical malpractice or negligent care during labor or pregnancy consult a certified birth defect lawyer today. A lawyer can explain your options and assist you to make a claim prior the time limit expiring. A lawyer can also negotiate an agreement with the responsible parties for the harm to your child.