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How to File a Birth Defect Lawsuit

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

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

Damages

Pregnancy can be one of the most exciting, yet nerve-wracking experiences during the lifetime of a parent. Parents want their children to be perfect, and doctors try to do everything possible to stop birth defects from occurring. Unfortunately, carelessness and negligence on the part of medical practitioners can increase the risk of birth injuries and birth defects. When this happens an astonished family may want to seek justice through a birth defect law firms 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 loss of earning capacity. The amount of damages a victim will receive depends on the severity of the child's condition and how it has affected their standard of living.

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

If you think your child's birth defect (Recommended Web site) or birth injury is the result of medical malpractice, it is important to consult a skilled birth defect lawyer as quickly as you can. In some states, there's only one year to file a medical malpractice lawsuit, and waiting more than that can mean losing your chance of getting the justice you have earned for your child's injury.

Statute of Limitations

A statute of limitations is a law that determines the time frame for which a person has to file a civil action. If a person fails to meet the deadline, they lose the right to collect damages from a defendant. Birth injury cases can be more complex in terms of the time limit than other medical malpractice claims.

A lawsuit is usually brought against the doctor or hospital that caused an injury to an individual during labor and delivery. These cases can be referred to as birthing injury lawsuits or wrongful birth lawsuits, however Florida's laws permit parents to file a malpractice lawsuit for the death of a child.

In a lawsuit for medical malpractice the victim must prove that the doctor at fault did not adhere to the standard of care and consideration that another health care provider would have utilized in similar circumstances. This includes failing to recognize an illness that is serious, for example, low oxygen levels in childbirth which can result in cerebral palsy and brain damage.

The first step to file a birth defect lawsuit is to get in touch with a skilled attorney. A majority of attorneys offer free consultations and case review to potential clients. If the attorney is convinced that a client has a valid claim they will look over medical records and engage experts to review them. They will also assist with the preparation of documents and file the medical malpractice lawsuit in time.

Expert Witnesses

In cases which involves birth injuries, it is vital to have medical experts that can explain to a jury the medical practices and procedures. Expert witnesses can be difficult since they have to carefully review the vast amount of information in order to make a decision based on facts, not opinion. They must also be willing to testify on facts which may contradict their beliefs.

In the Daubert case, the plaintiffs' experts argued 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 dissolves into probability." However the judge did not consider there was enough evidence to prove that Bendectin doubled the chances of developing birth defects.

The Daubert decision was an affront to plaintiffs who had filed a lawsuit against pharmaceutical companies an attempt to get justice. There are many ways that an injured party may pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer can assist victims on whether they're eligible for a claim. A lawyer can help plaintiffs determine if they are eligible to file an individual lawsuit or a class action. In some cases, a lawyer can make a birth injury claim as part of a multidistrict litigation (MDL). Fill out the form below for a confidential and free consultation with an attorney.

Representation

Although the advancements in technology and advances in the field of medicine have significantly reduced the risk of complications during childbirth and pregnancy but they aren't completely 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 associated with treatment.

Medical negligence claims usually result from a doctor's inability to identify or treat a problem. For instance, a doctor may not perform an ultrasound test or make a mistake during surgery, which could result in a birth defect, such as spina bifida. Other causes that can lead to a birth defect lawsuit include improper medication for the mother or exposure to chemicals or other environmental dangers while the baby is developing in the womb.

A birth defect can affect any part of a newborn's body and affect their health, function and appearance. In some cases, a birth defect can drastically reduce a baby's life expectancy, or cause significant medical expenses.

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 discover your options and make a claim prior to the statute of limitations expires. A lawyer may also be competent to negotiate the settlement on your behalf with the parties accountable for your child's injuries.