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How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have significantly reduced the risk of the birth of a child. But, a birth defect or injury still happens frequently.

A birth defect lawsuit seeks to recover for medical expenses of your child as well as educational costs and other losses. To pursue such claims, you must establish that medical professionals did not meet the standard of care before or during pregnancy or delivery.

Damages

Pregnancy can be one of the most exciting, yet nerve-wracking events in the life of a parent. Parents want their babies to be perfect, and doctors work to do all they can to prevent birth defects from occurring. However, carelessness and negligence on the part of medical practitioners can increase the risk of birth injuries and birth defects. When this occurs an astonished family may want to seek justice through a birth defect lawsuit.

A successful birth defect lawsuit could result in damages for a variety of different things. These include the victim's suffering and suffering, loss of consortium, medical expenses, birth defect and loss of 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 quality of living.

Birth injuries and birth defects can be caused by a variety of factors, including environmental exposures. Studies have shown that certain chemicals like fungicides, pesticides lead, heavy metals and paints can increase the chances of birth defects. Birth defect lawyers have filed lawsuits against companies that have exposed workers to these harmful chemicals, and against pharmaceutical companies that have made products that cause birth defects in fetuses, like DES.

If you suspect that your child's birth defect or injury was caused by medical negligence, you must seek out a skilled birth defect lawyer as soon as possible. In some states, you have only one year to file a lawsuit claiming medical malpractice. If you wait, it could mean that your child will not receive the justice they deserve.

Statute of limitations

A statute of limitations is a law that establishes the time limit for a person to file an action in civil court. If a person misses the deadline, they will lose the right to collect damages from a defendant. Birth injury cases can have more complex statutes of limitations than other kinds of medical malpractice claims.

A lawsuit is usually brought against the doctor or hospital who caused injury to patients during labor or delivery. These cases can be referred to birthing injury lawsuits or wrongful birth lawsuits however Florida's laws permit parents to file a malpractice lawsuit in the event of the death of a child.

In a case of medical malpractice the plaintiff must prove the at-fault doctor did not adhere to the expected level of care and consideration that other health care providers would have applied in similar circumstances. This includes failing to diagnose an illness that is serious like low levels of oxygen in the childbirth process which can cause cerebral palsy or brain damage.

The first step to file a birth defect lawsuit is to get in touch with a skilled attorney. Many attorneys provide free consultations and case review to potential clients. If an attorney believes that the client's claim is legitimate, they will review the medical documents of the client and employ experts to review the evidence. They can also assist in the preparation of documents and file the medical malpractice lawsuit in time.

Expert Witnesses

In a case involving birth injuries, it is important to have experts who can explain medical procedures and practices before a jury. Expert witnesses can be difficult to testify because they must carefully examine a large amount of information to make decisions based on fact rather than opinion. They must also be willing to testify on facts that could contradict their positions.

In the Daubert case the plaintiffs' experts argued that Bendectin caused their child's birth defects. The judge concluded that the evidence was at the "cutting edge of scientific research, where evidence meets theory, and certainty transforms into probabilities." However, the judge did not consider there was enough evidence that Bendectin doubled the chances of developing birth defects.

The Daubert ruling was a setback to the plaintiffs who had sued pharmaceutical companies to win justice. Nonetheless, there are still many avenues for an injured party may pursue a birth defect law firms defect lawsuit.

A Philadelphia birth defect lawyer can assist victims about whether they have claims. A lawyer can determine if an individual plaintiff is eligible to file a lawsuit on their own or as part of an action class. In certain cases an attorney may be able to start a lawsuit for birth injuries as part an interdistrict litigation. Complete the form below to receive a confidential and free consultation with an attorney.

Representation

Modern technology and recent advances in the field of medicine could 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 recover the costs related to treatment.

Medical negligence cases typically stem from a doctor's failure to diagnose or treat a problem. For instance, a physician may not perform an ultrasound examination or make mistakes during surgery, which could result in a birth defect similar to spina bifida. Other common causes of 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 a newborn's body. It can affect their health, performance and appearance. In some cases, a birth defect can significantly diminish a baby's life expectancy, or cause significant medical costs.

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