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How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have drastically reduced the risk of childbirth. However, birth defects or injury is still a common occurrence.

A birth defect lawsuit seeks to compensate your child for medical expenses, educational costs as well as other losses. To be able to file claims, you must establish that medical professionals violated the standard of care prior to pregnancy or the birth of your child.

Damages

Pregnancy is among the most exciting and stressful moments in the life of a parent. Parents want their babies to be perfect, and doctors attempt to do all they can to prevent birth defects from occurring. Unfortunately, negligence and carelessness on the part of medical practitioners can increase the chance of birth injuries and birth defects. A family that is shocked by this situation should consider seeking legal action for a birth defect.

A successful birth defect lawsuit can result in damages for a number of different things. This includes the victim's pain and suffering as well as loss of consortium, medical expenses and lost earning capacity. The amount of compensation the victim will be awarded is contingent on the degree of the child's health and how much it has affected their quality of living.

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

If you suspect that medical malpractice caused the birth injury of your child or birth defect, it is recommended to consult a lawyer for birth defects immediately. In some states, you have only one year to file a lawsuit for medical malpractice. If you wait longer this could mean that your child will never get the justice they deserve.

Statute of Limitations

A statute of limitation is a law which establishes the time limit for filing a civil lawsuit. If someone misses the deadline, they will lose the right to collect damages from the defendant. Birth injury claims have a more complicated statute of limitations than other medical malpractice claims.

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

In order to prove medical malpractice, the party who suffered must prove that the doctor at fault was not able to meet the standard of care and consideration expected by another health healthcare provider in similar situations. This includes not being able to identify a serious illness such as low levels of oxygen during childbirth which can cause cerebral palsy and brain damage.

Finding a reputable attorney is the first step in filing an action for birth defects. A majority of attorneys offer free consultations and case review to prospective clients. If the attorney is convinced that a client has a valid claim, they will examine medical records and engage experts to evaluate the evidence. They will also assist in preparing documents and file the medical malpractice lawsuit within the timeframe.

Expert Witnesses

In a case with birth injuries, it is vital to have medical experts who can explain to a jury the medical procedures and practices. However, expert witnesses can be difficult to work with as they must scrutinize huge quantities of information and be able to make decisions based on the facts rather than their opinions. They also have to be willing to testify on evidence that could contradict their beliefs.

In the Daubert case, the plaintiffs' experts claimed that Bendectin had caused their child's birth defects. The judge concluded that the evidence was on the "cutting edge of research in science, where fact meets theory, and certainty transforms into probabilities." However, the judge did not believe there was enough evidence that Bendectin increased the chance of developing birth defects.

The Daubert ruling was a setback to the plaintiffs, who had filed a lawsuit against pharmaceutical companies to try and get justice. There are many ways that an injured person could pursue a lawsuit for birth defects.

A Philadelphia birth defect attorney can assist those suffering from birth defects to determine whether they're eligible for a claim. A lawyer can determine if the plaintiff is able to file a suit on their own or as part of a class action. In some cases an attorney may be able to start a lawsuit for birth defect lawyers injury as part of multidistrict litigation. Fill out the form below to receive a private and free consultation with an attorney.

Representation

Modern technology and birth defects recent advancements in the medical field may have decreased the risk of complications that can occur during pregnancy and childbirth, however they are not completely eliminated. Parents may pursue legal action if they suffer a birth injury or defect occurs, and the reason could have been prevented.

Medical negligence claims are often result from a doctor's inability diagnose or treat a condition. A physician may not perform an ultrasound or make a mistake in surgery, leading to birth defects such as spina bifida. Birth defects can be caused by improper medication that is taken by the mother or exposure to chemicals or other environmental hazards during the baby's development during the womb.

A birth defect could affect any part of the newborn's body that can affect their appearance, health and functionality. In some cases birth defects can severely reduce a baby's life expectancy or result in an enormous amount of medical expenses.

Contact an attorney for birth defects now if you believe your child's birth injury or defect was caused by medical negligence or negligence during labor or pregnancy. A lawyer can assist you understand your options and submit a claim before the deadline for filing a claim expires. A lawyer can also negotiate a settlement with the parties accountable for the injury suffered by your child.