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How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have drastically reduced the risks associated with childbirth. But, a birth defect or injury still happens frequently.

A birth defect lawsuit seeks reimbursement for your child's medical expenses education costs, as well as other expenses. To be able to file a claim, you need to establish that a medical professional did not meet the standard of care prior to pregnancy or the birth of your child.

Damages

Pregnancy is one of the most exciting and nerve-wracking moments in the life of a mother. Parents want their children to be perfect, and doctors work to do everything possible 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. In the event of this happening, a stunned family should consider seeking 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 as well as loss of consortium and medical expenses, as well as loss of earning capacity. The amount of the damages a victim is awarded will depend on the degree of their child's health and the extent to which it has affected in their quality of life.

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

If you suspect that your child's birth defect or injury is the result of medical malpractice, it is important to consult a skilled birth defect lawyer as soon as you can. In some states, you have only one year to file a medical malpractice suit, and if you wait longer than that may mean losing your chance to get the justice you deserve for your child's injury.

Statute of limitations

A statute of limitations is a law that determines how long a person has to file a civil action. If someone misses the deadline, they will lose the right to claim damages from the defendant. Birth injury cases can have more complex statutes of limitations than other types of medical malpractice claims.

A lawsuit is usually filed against the hospital or doctor who caused the patient's injuries during labor and delivery. These cases are usually known as birthing injury lawsuits or wrongful birth suits though Florida's laws allow parents to pursue a medical malpractice suit in the event of a baby's death.

In order to prove medical malpractice, Birth Defect the party who suffered must prove that the doctor responsible did not adhere to the level of care and consideration required by a different health care provider in similar circumstances. This includes failing to recognize an illness that is serious for example, low oxygen levels during childbirth which can cause cerebral palsy and brain damage.

The first step to file a birth defect lawsuit is to get in touch with an experienced attorney. Most attorneys offer free consultations for potential clients. If an attorney is convinced that the client's claim is legitimate they will examine the medical documents of the client and then hire experts to review the claims. They will also assist in preparing documents and file the medical malpractice lawsuit on time.

Expert Witnesses

In a case which involves birth injuries, it is vital to be able to have medical experts provide a jury with the medical practices and procedures. Expert witnesses can be difficult to testify because they must carefully examine the vast amount of information to make decisions in accordance with facts rather than opinion. Furthermore, they should be willing to testify on facts that might conflict with their opinions.

In the Daubert case, the plaintiffs' experts claimed that Bendectin caused their child's birth defects. The judge found that the evidence was at the "cutting edge of research in science, where reality is matched by theory, and certainty turns into probabilities." However, the judge did not believe there was enough evidence that Bendectin doubled a baby's risk of developing birth defects.

The Daubert decision was a blow to plaintiffs who had filed suit against pharmaceutical companies in seeking justice. There are many ways that the injured party could pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer can help victims about whether they have an opportunity to file a claim. Lawyers can assist clients determine if they're qualified to file a lawsuit as an individual or a class action. In some instances attorneys can start a lawsuit for birth injury as part an interdistrict litigation. Please fill out the form below to receive a confidential and free consultation with an attorney.

Representation

While modern technology and recent advances in the field of medicine have drastically reduced the chance of complications during childbirth and pregnancy but they aren't completely eliminated. When a birth defect law firms defect or injury occurs and the cause is preventable, parents can pursue legal action to pay for the costs associated with treatment.

Medical negligence cases typically result from a doctor's inability to diagnose or treat a condition. For instance, a doctor may fail to conduct an ultrasound test or make an error during surgery, resulting in a birth defect like spina bifida. Other common causes of a birth defect lawsuit include insufficient medication for the mother or exposure to chemicals or other environmental dangers while the baby is developing in the womb.

A birth defect can affect any part of the body of a baby and impact their health, function and appearance. In certain instances, a birth defect can severely reduce a baby's life expectancy, or cause an enormous amount of medical expenses.

If you think the birth defect or injury was caused by medical malpractice or negligent care during pregnancy or labor, contact a qualified birth defect attorney today. A lawyer can help identify your options and submit a claim before the statute of limitations expires. A lawyer can also negotiate an agreement with the parties responsible for the harm to your infant.