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How to File a Birth Defect Lawsuit

Modern medical technology and medicine have drastically decreased the risks of childbirth. But, a birth defect or injury is still a common occurrence.

A birth defect lawsuit seeks compensation for medical expenses of your child or educational costs, among other expenses. You must prove that the medical professional involved violated the standard care during or before the birth or delivery.

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 attempt to do all they can to stop birth defects from occurring. Unfortunately, carelessness and negligence on the part of medical practitioners can increase the risk of birth defects and injuries. When this happens the family of the victim should consider seeking justice through a birth defect lawsuit.

A successful birth defect lawsuit can result in damages for a variety of different things. This can include pain and suffering for the victim as well as loss of consortium, medical expenses, not to mention lost earning capacity. The amount of compensation the victim will receive is contingent on the severity of the child's illness and how it has affected their quality of living.

Birth defects and birth injuries can be caused by a number of factors which include environmental exposures. Studies have proven that certain chemicals, like pesticides, fungicides lead, heavy metals and paints can increase the risk of birth defects. Birth defect lawyers have filed suits against businesses that have exposed workers to hazardous chemicals, as well as against pharmaceutical companies who have manufactured drugs that can cause birth defects in fetuses, like DES.

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

Statute of Limitations

A statute of limitation is a law that sets the time limit for filing a civil lawsuit. Anyone who fails to meet a deadline will lose the right to sue a defendant for damages. Birth injury cases may have more complicated statutes of limitations than other types of medical malpractice claims.

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

In order to prove medical malpractice, the injured party must prove that the doctor at fault did not adhere to the level of care and consideration expected by another health healthcare provider in similar circumstances. This includes failing in diagnosing an illness that is serious such as low levels of oxygen in the childbirth process that result in cerebral palsy and brain damage.

The first step to file a birth defect lawsuit is to speak with an experienced attorney. The majority of lawyers offer free consultations and reviews of cases to prospective clients. If an attorney believes a client's claim is valid, they will review the medical records of the client and hire experts to assess the evidence. They will also assist in preparing documents and file the medical malpractice lawsuit in time.

Expert Witnesses

In a case involving a birth injury it is essential to have experts who can explain medical procedures and practices to a jury. Expert witnesses can be difficult because they must carefully examine a large amount of information to make decisions that are based on evidence rather than opinions. They must also be willing to provide evidence on matters that could contradict their position.

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 certainty transforms into probability." However, the judge did not believe there was sufficient evidence to support the claim that Bendectin doubled the chances of developing birth defects.

The Daubert ruling was a setback for plaintiffs, who had suing pharmaceutical companies in order to achieve justice. Nonetheless, there are still many ways that an injured person can pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer can assist victims on whether they're eligible for an opportunity to file a claim. Lawyers can assist plaintiffs determine whether they are eligible to file a personal lawsuit or a class action. In certain instances a lawyer may file a birth injury lawsuit as part of multidistrict litigation (MDL). To begin complete the form on this page for the opportunity to have a no-cost and confidential consultation with a qualified attorney.

Representation

Modern technology and recent advancements in medicine may have reduced the risk of complications occurring during pregnancy and childbirth, however they're still not completely eliminated. When a birth defect or injury occurs and the cause could have been avoided, parents can seek legal action to cover the costs associated with treatment.

Medical negligence claims are typically caused by a doctor's inability to diagnose or treat a condition. For instance, a doctor may not perform an ultrasound screening or make a mistake during surgery, which could result 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 hazards while the baby is growing in the womb.

A birth defect can affect any part of the body of a baby and affect their health, performance and appearance. In some instances, a birth defect can significantly diminish a baby's lifespan or result in a significant amount of medical expenses.

If you believe your child's birth defect or injury was due to negligence or medical malpractice during labor or birth consult a certified birth defect lawyer today. A lawyer can assist you discover your options and make a claim prior to the deadline for filing a claim expires. A lawyer can also negotiate an agreement with the parties responsible for the injury of your infant.