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How to File a Birth Defect Lawsuit

Modern technology and medicine have dramatically reduced the risk of childbirth. However, birth defects or injury is still a common occurrence.

A birth defect lawsuit seeks to compensate your child for medical expenses, education costs and other damages. To pursue such a claim, you need to prove that a medical professional violated the standard of care prior to or during pregnancy or during the delivery.

Damages

Pregnancy can be one of the most exciting, yet nerve-wracking experiences in the life of a parent. Parents want their children 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 practitioners can increase the risk of birth injuries and birth defects. A family who is shocked by this incident should think about suing for a birth defect.

A successful birth defect lawsuit may result in damages for a number of different things. This includes suffering for the victim as well as loss of consortium and medical expenses, not to mention loss of earning capacity. The amount of compensation a victim will receive depends on the severity of the child's condition and how much it has affected their quality of life.

Birth injuries and birth defects can be caused by a number of causes such as exposure to environmental factors. Studies have proven that certain chemicals like pesticides, fungicides lead, paints, and heavy metals can increase the likelihood of birth defects. Birth defect lawyers have brought suits against companies that exposed workers to harmful chemicals, and against pharmaceutical companies that have made drugs that can cause birth defects in fetuses, birth defects such as DES.

If you suspect that medical negligence caused your child's birth injury or birth defect, it is recommended to consult a lawyer for birth defects immediately. In some states, you have only one year to file a medical negligence lawsuit, Birth defects and waiting more than that could result in losing your chance of getting the justice you need for your child's injuries.

Statute of limitations

A statute of limitations is a law which defines how long a person has to file a civil action. If a claimant fails to file by the deadline, they will lose the right to claim damages from the defendant. Birth injury claims may be more complex in terms of the time limit than other medical malpractice claims.

A lawsuit is typically filed against the doctor or the hospital who caused the patient's injuries during labor and birth. These cases are commonly called birthing injuries 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 a medical malpractice case, the injured party must prove that the doctor at fault was not adhering to the expected level of care and consideration that another medical professional would have followed in similar circumstances. This includes failing to diagnose an illness that is serious such as low levels of oxygen in the childbirth process that can cause cerebral palsy and brain damage.

Contacting a qualified attorney is the first step to file a lawsuit for birth defects. Most attorneys offer free consultations to potential clients. If an attorney is convinced that the claim of a client is legitimate they will examine the medical documents of the client and hire experts to assess the claims. They will also assist in preparing documents and file the medical malpractice lawsuit on time.

Expert Witnesses

In the case of a birth injury it is crucial to have experts who can explain medical practices and procedures to a jury. Expert witnesses aren't easy to work with as they have to carefully review huge amounts of information and make decisions based on facts rather than their opinions. They should also be prepared to provide evidence on matters which may contradict their opinion.

In the Daubert case the plaintiffs' experts claimed that Bendectin had caused their child's birth defects. The judge concluded that the evidence was on the "cutting edge of scientific research, where fact meets theory, and certainty transforms into probability." However the judge did not believe there was sufficient 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 a lawsuit against pharmaceutical companies seeking justice. There are many ways that an injured person can pursue a lawsuit for birth defects.

A Philadelphia birth defect attorney can assist those suffering from birth defects to determine if they have a case. A lawyer can assist plaintiffs determine if they are eligible to file a personal lawsuit or a class action. In some instances an attorney may be able to make a claim for birth injury as part of an interdistrict litigation. Fill out the form to receive a confidential and free consultation with an attorney.

Representation

Although the latest technology and developments in the field of medicine have significantly reduced the risk of complications during pregnancy and childbirth however, they are not completely eliminated. Parents can take legal action if a birth defect or birth injury occurs, and the reason could have been avoided.

Medical negligence cases typically result from a doctor's inability to identify or treat a problem. A doctor might fail to conduct 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 that can affect the development of the baby during the womb.

A birth defect can affect any part of the body of a newborn that can affect their appearance, health and function. In some cases birth defects can severely reduce a baby's life expectancy or lead to a significant amount of medical expenses.

Contact an attorney for birth defects now if you believe the birth injury or defect was the result of medical negligence or mistakes during labor or pregnancy. A lawyer can help you discover your options and file a claim before the time limit expires. A lawyer might also be competent to negotiate a settlement on your behalf with the responsible parties for the injury to your child.