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How to File a Birth Defect Lawsuit

Modern technology and advancements in medicine have dramatically reduced the risk of the birth of a child. 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 expenses. To pursue an action, you must demonstrate that medical professionals did not meet the standard of care prior to pregnancy or the birth of your child.

Damages

Pregnancy can be one of the most exciting yet nerve-wracking times during the lifetime of a parent. Parents want their babies to be perfect, and doctors work to do their best 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. When this occurs families that are shocked may want to seek justice through a birth defect lawsuit.

A successful birth defect lawsuit can result in damages for a variety of different things. This includes suffering for the victim, loss of consortium and medical expenses, as well as lost earning capacity. The amount of damages that an individual victim will be awarded depends on the degree of the child's health and how it has affected their standard of living.

Birth injuries and birth defects can be caused by a number of causes which include environmental exposures. Studies have shown that certain chemicals like pesticides, fungicides lead, heavy metals and paints can increase the chance of birth defects. Birth defect lawyers have brought lawsuits against companies that have exposed workers to these hazardous chemicals, as well as against pharmaceutical companies that have made medications that can cause birth defects in fetuses, like DES.

If you suspect that your child's birth defect or injury was the result of medical malpractice, it is important to seek out a skilled birth defect lawyer as soon as possible. In some states, you only have one year to file a medical malpractice suit, and waiting longer than that could mean losing your chance to obtain the justice you need for your child's injuries.

Statute of Limitations

A statute of limitation is a law that establishes the deadline for someone to file a civil lawsuit. If a person fails to meet the deadline, they lose the right to claim damages from the defendant. Birth injury claims be more complex in terms of the statute of limitations than other 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 often called birthing injury suits or wrongful birth lawsuits, however Florida's laws permit parents to file a malpractice lawsuit for the death of a child.

In order to prove medical malpractice, the party who suffered will need to show that the doctor who was at fault did not adhere to the level of care and consideration expected by another health medical professional in similar circumstances. This includes not being able to identify a serious condition like low oxygen levels during childbirth that can cause cerebral palsy and brain damage.

The first step to file a birth defect lawsuit is to contact a skilled attorney. The majority of lawyers offer free consultations and case review to potential clients. If an attorney is convinced that the claim of a client is valid they will go over the medical documents of the client and then hire experts to evaluate the evidence. They will also assist in preparing documents and file the medical malpractice lawsuit in time.

Expert Witnesses

In a case involving birth injuries, it is crucial to be able to have medical experts explain to jurors the medical practices and procedures. Expert witnesses can be difficult as they have to scrutinize the vast amount of information to be able make decisions based on fact rather than opinion. They also have to be willing to provide evidence on matters that might contradict their opinion.

In the Daubert case, the plaintiffs' experts claimed that Bendectin caused their child's birth defects. The judge ruled that the evidence was on the "cutting edge of research in science, where reality meets theory, and certainty transforms into probability." However the judge did consider there was enough evidence to support the claim that Bendectin doubled a baby's chance of developing birth defects.

The Daubert decision was a setback to plaintiffs who had filed lawsuits against pharmaceutical companies in seeking justice. Nonetheless, there are still various ways in which the injured party could pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer can help victims on whether they have a right to sue. A lawyer can help clients determine if they're qualified to file a lawsuit on their own or a class action. In some instances attorneys can make a claim for birth injury as part of multidistrict litigation. To begin you must fill out the form below for a a free and confidential consultation with a reputable attorney.

Representation

Modern technology and recent advancements in medical technology may have reduced the risk of complications occurring during childbirth and pregnancy, but they are not completely eliminated. When a birth defect or injury occurs and the cause was preventable parents can pursue legal action to cover the costs related to treatment.

Medical negligence claims are typically based on a doctor's failure identify or treat an illness. For instance, a doctor may not perform an ultrasound screening or make mistakes during surgery, resulting in a birth defect similar to spina bifida. Other causes that can lead to a birth defect lawsuit include inadequate medication for the mother or exposure to chemicals or other environmental hazards as the baby develops in the womb.

A birth defect can affect any part of a newborn's body. It can affect their health, Birth Defect functioning and appearance. In some cases, a birth defect can severely reduce a baby's life expectancy or lead to significant medical costs.

If you think the birth defect or birth defect injury was the result of negligence or medical malpractice during labor or birth, contact a qualified birth defect lawyer today. A lawyer can explain your options and help you make a claim prior the statute of limitation expiring. A lawyer can also negotiate an agreement with the parties accountable for the harm to your child.