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How to File a Birth Defect Lawsuit

Modern technology and advancements in medicine have dramatically reduced the risks associated with childbirth. But, a birth defect or injury is still a common occurrence.

A birth defect lawsuit seeks to recover for medical expenses of your child education costs, as well as other losses. You must prove that the medical professional in question breached the standard of treatment prior to or during the birth or delivery.

Damages

Pregnancy is one of the most exciting and nerve-wracking times in a parent's life. Parents want their children to be perfect, and birth defect doctors strive to do everything they can to stop birth defects from happening. However, carelessness and negligence on the part of medical professionals can increase the chance of birth injuries and birth defects. If this happens families that are shocked ought to consider pursuing justice through a birth defect lawsuit.

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

Birth injuries and birth defects can be caused by a variety of factors which include exposure to environmental factors. Studies have proven that certain chemicals, such as pesticides, fungicides lead, paints and heavy metals may increase the likelihood of birth defects. Birth defect lawyers have filed suits against companies that exposed workers to harmful chemicals, and also against pharmaceutical companies who have manufactured drugs that can cause birth defect attorneys defects in fetuses, such as DES.

If you think your child's birth defect, or birth injury was the result of medical malpractice, you should speak with a skilled birth defect lawyer as soon as possible. In certain states, you are given one year to file a lawsuit against medical malpractice. If you wait longer it could mean that your child will not receive the justice they deserve.

Statute of Limitations

A statute of limitations is a law which establishes the time limit for a person to file an action in civil court. A person who misses an expiration date will lose the right to sue a defendant for damages. Birth injury claims may have a more complicated time limit than other medical malpractice claims.

A lawsuit is typically filed against the hospital or doctor that caused an injury to patients during labor or delivery. These cases are usually called birthing injury lawsuits or wrongful birth suits although Florida's laws allow parents to make a claim for medical malpractice for an infant's death.

In a medical malpractice case the victim must prove the at-fault doctor failed to adhere to the expected level of care and consideration that any other medical professional would have utilized in similar circumstances. This includes not being able to identify an illness of serious severity for example, low levels of oxygen during childbirth that can cause brain damage and cerebral palsy.

The first step in filing a birth defect lawsuit is to speak with a skilled attorney. Most attorneys offer free consultations and case review to potential clients. If the attorney believes a client has a valid claim, they will examine medical records and employ expert witnesses to assess the case. They will also assist in preparing documents and file the medical malpractice lawsuit within the timeframe.

Expert Witnesses

In a case involving birth injuries it is crucial to have experts who can explain medical practices and procedures to jurors. Expert witnesses can be difficult as they must scrutinize an extensive amount of information to make decisions based on facts, not opinions. They must also be willing to testify about facts that might contradict their opinions.

In the Daubert case the plaintiffs' experts argued that Bendectin was the cause of their child's birth defects. The judge found that the evidence was at the "cutting edge of scientific research, where evidence meets theory and the certainty transforms into probabilities." However the judge did believe that there was sufficient evidence that Bendectin doubled a baby's risk of developing birth defects.

The Daubert decision was an affront to plaintiffs who had sued pharmaceutical companies in an effort to obtain justice. Nonetheless, there are still many avenues for an injured person could pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer can advise victims on whether they have a right to sue. A lawyer can help plaintiffs determine if they are qualified to file a lawsuit as an individual or a class action. In certain instances lawyers may be able to make a birth injury claim in the context of multidistrict litigation (MDL). Please fill out the form below to get a confidential and free consultation with an attorney.

Representation

Although the advancements in technology and developments in the field of medicine have drastically reduced the chance of complications during childbirth and pregnancy, they are not entirely eliminated. When a birth defect or injury occurs, and the cause could have been avoided, parents may seek legal action to pay for the costs related to treatment.

Medical negligence claims are usually caused by a doctor's inability to identify or treat an illness. For example, a physician could neglect to perform an ultrasound screening or make mistakes during surgery, resulting in a birth defect, such as spina bifida. Other causes for a birth defect lawsuit include improper medication for the mother or exposure to chemicals or other environmental hazards as the baby is growing in the womb.

A birth defect can affect any part of a newborn's body and affect their health, performance and appearance. In some instances, a birth defect can dramatically reduce a child's life expectancy or lead to significant medical costs.

If you believe your child's birth defect or injury is the result of negligence or medical malpractice during labor or birth seek out a qualified birth defect lawyer today. A lawyer can assist you to identify your options and make a claim before the deadline for filing a claim expires. A lawyer may also be in a position to negotiate a settlement on your behalf with the parties responsible for your infant's injury.