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How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have significantly reduced the risks associated with birth. However, birth defects or injury still occurs frequently.

A birth defect lawsuit seeks to recover for your child's medical expenses education costs, as well as other expenses. To pursue such an action, you must prove that a medical professional 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 events during the lifetime of a parent. Parents want their children to be perfect, and doctors attempt to do all they can to prevent birth defects from occurring. However, carelessness and negligence on the part of medical professionals can increase the risk of birth injuries and birth defects. A family that is shocked by this circumstance should think about taking legal action to remedy a birth defect law firms defect.

A successful birth defect lawsuit could result in damages for a variety of different things. This includes the victim's suffering and suffering as well as loss of consortium, medical expenses and lost earning capacity. The amount of damages a person suffers will depend on the severity of their child's medical condition and the extent to which it has impacted in their quality of life.

Birth injuries and birth defects can be caused by a number of causes such as environmental exposures. Studies have proven that certain chemicals like pesticides, fungicides and lead, as well paints and heavy metals may increase the chances of birth defects. Birth defect lawyers have brought suits against businesses that have 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 medical malpractice caused the birth injury or birth defect, consult a lawyer for birth defects immediately. In some states, you only have one year to file a lawsuit against medical malpractice. If you put off filing a lawsuit for a longer period it could mean that your child will never receive the justice they deserve.

Statute of Limitations

A statute of limitations is a law that sets the deadline for someone to file a civil lawsuit. If a person fails to meet a deadline loses the right to pursue a defendant for damages. Birth injury claims be more complex in terms of the statute of limitations than other medical malpractice claims.

A lawsuit is usually filed against the hospital or doctor that caused a patient's injuries during labor and birth defects delivery. These cases are often referred to birthing injury lawsuits or wrongful birth lawsuits however, Florida's laws allow parents to file a malpractice lawsuit for the death of a child.

To prove medical malpractice, the victim must prove that the doctor who was at fault was not able to meet the standard of care or consideration required by a different health healthcare provider in similar situations. This includes failing to recognize serious conditions like low levels of oxygen during childbirth which can result in cerebral palsy and brain damage.

A qualified attorney should be the first step in filing an action for birth defects. Most attorneys offer free consultations for potential clients. If the lawyer believes that a client has a valid claim, they will review medical records and appoint experts to review the case. They can also assist in the preparation of documents and file the medical malpractice suit within time.

Expert Witnesses

In cases that involves birth injuries, it's essential to have medical experts that can provide a jury with the medical practices and procedures. However, expert witnesses aren't easy to work with because they must carefully examine massive amounts of information and make decisions based upon facts rather than opinions. They must also be willing to testify on information that might contradict their views.

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

The Daubert ruling was a setback for the plaintiffs, who had suing pharmaceutical companies in order to win justice. However, there are many avenues for an injured party may pursue a lawsuit for birth defects.

A Philadelphia birth defect lawyer can assist those suffering from birth defects to determine whether they are a victim. A lawyer can determine whether a plaintiff is eligible to file a suit on their own or as part of an action class. In certain cases, an attorney can file a lawsuit for birth injuries as part of multidistrict litigation. Fill out the form below to receive a confidential and free consultation with an attorney.

Representation

Modern technology and recent advancements in medical technology may have decreased the risk of complications occurring during pregnancy and childbirth, however they're not entirely eliminated. If a birth defect law firms defect injury occurs and the cause was preventable parents may seek legal action to recover the costs associated with treatment.

Medical negligence claims tend to be caused by a doctor's inability to identify or treat an illness. Physicians may fail to diagnose an ultrasound or make a mistake in surgery, resulting in birth defects such as spina bifida. Birth defects can be caused by the wrong medication that is taken by the mother, or exposure to chemicals and other environmental dangers during the child's development during the womb.

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

Contact an attorney for birth defects immediately if you believe the birth injury or defect was caused by medical negligence or negligence during labor or pregnancy. A lawyer can provide you with your options and help file a claim prior to the deadline for filing. A lawyer may also be able to negotiate a settlement on your behalf with the responsible parties for your child's injuries.