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How to File a Birth Defect Lawsuit

Modern medical technology and medicine have drastically reduced the risk of childbirth. But, a birth defect or injury can still happen frequently.

A birth defect lawsuit seeks reimbursement for medical expenses of your child as well as educational costs and other expenses. You must prove that the medical professional in question violated the standard care during or before the birth or delivery.

Damages

Pregnancy is one of the most exciting and nerve-wracking experiences a parent can experience. Parents want their children to be perfect, and doctors strive to do their best to prevent birth defects from occurring. Unfortunately, carelessness and negligence on the part of medical professionals can increase the chance of birth injuries and birth defects. When this happens an astonished family ought to consider pursuing justice through a birth defect lawsuit.

A successful birth defect lawsuit could result in damages for a multitude of different things. This can include pain and suffering for the victim, loss of consortium and medical costs, as well as loss of earning capacity. The amount of compensation the victim will be awarded is contingent on the severity of the child's medical condition, and how much it has affected their quality of life.

Birth injuries and birth defects can be caused by a number of factors such as environmental exposures. Studies have shown that certain chemicals like fungicides, pesticides, lead, paints and heavy metals may increase the chance of birth defects. Birth defect lawyers have filed 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 believe that your child's birth defect, or birth injury is the result of medical negligence, you must consult a skilled birth defect lawyer as soon as possible. In certain states, you only have one year to file a medical malpractice lawsuit, and waiting more than that could result in losing the chance to receive the justice you need for your child's injuries.

Statute of limitations

A statute of limitations is a law which defines the deadline for when a person is allowed to file a civil claim. If a person fails to meet an expiration date will lose the right to pursue a defendant for damages. Birth injury cases can have more complicated statutes of limitations than other types of medical malpractice claims.

A lawsuit is typically filed against the hospital or doctor that caused a patient's injuries during labor and delivery. These cases are commonly referred to as birthing injury lawsuits or wrongful birth defect attorneys suits although Florida's laws allow parents to bring a medical malpractice lawsuit for the death of an infant.

In order to prove medical malpractice, the injured party must prove that the doctor who was at fault did not follow the level of care and consideration required by a different health care provider in similar circumstances. This includes failing in diagnosing a serious condition such as low levels of oxygen in the childbirth process that can cause cerebral palsy or brain damage.

The first step to file a birth defect lawsuit is to reach an experienced attorney. Most attorneys offer free consultations and case review to prospective clients. If the attorney is convinced that a client has a valid case, they will look over medical records and employ expert witnesses to assess the case. They will also help prepare documents and file the medical malpractice suit on time.

Expert Witnesses

In the case of a birth injury, it is important to have experts who can explain medical practices and procedures to a jury. Expert witnesses can be difficult as they must scrutinize an extensive amount of information to be able to make decisions in accordance with facts rather than opinions. Additionally, they must be prepared to testify about information that might contradict their positions.

In the Daubert case, the plaintiffs' experts claimed that Bendectin was the cause of their child's birth defects. The judge concluded that the evidence was at the "cutting edge of research in science, where reality meets theory, and certainty transforms into probability." However, the judge did not believe there was enough evidence to support the claim that Bendectin doubled the chances of developing birth defects.

The Daubert ruling was a setback for the plaintiffs who had sued pharmaceutical companies to obtain justice. But there are many avenues for an injured person can pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer can provide victims with advice about whether they have claims. A lawyer can determine whether the plaintiff is able to file a lawsuit on their own or as part of a class action. In certain instances a lawyer may file a birth injury lawsuit as part of a multidistrict litigation (MDL). Fill out the form below to get 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 pregnancy and Birth Defect childbirth but they aren't completely eliminated. When a birth defect or injury occurs, and the cause was preventable parents may pursue legal action to recover the costs associated with treatment.

Medical negligence cases typically stem from a doctor's failure to recognize or treat a condition. For instance, a physician might fail to conduct an ultrasound screening or make an error 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 as the baby is developing in the womb.

A birth defect can affect any part of a newborn's body. It can affect their health, functioning and appearance. In some instances, a birth defect can significantly diminish a baby's life expectancy or result in significant medical costs.

If you suspect the birth defect or injury was the result of medical malpractice or negligent care during labor or birth, contact a qualified birth defect attorney today. A lawyer can assist you determine your options and make a claim prior to the time limit expires. A lawyer might also be capable of negotiating the settlement on behalf of you with the parties responsible for your infant's injury.