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How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have greatly reduced the risks associated with birth. But, a birth defect or injury still happens frequently.

A birth defect lawsuit seeks compensation for your child's medical expenses education costs, as well as other expenses. You must prove that the medical professional in question has violated the standard medical care prior to or during the birth or delivery.

Damages

Pregnancy is one of the most exciting and stressful moments in the life of a parent. Parents want their children to be perfect, and doctors work to do everything possible to prevent birth defects from happening. Unfortunately, negligence and carelessness on the part of medical professionals can increase the risk of birth injuries and birth defects. If this happens the family of the victim should consider seeking justice through a birth defect lawsuit.

A successful birth defect lawsuit could result in damages for a variety of different things. This can include the pain and suffering, loss of consortium, medical expenses and lost earning capacity. The amount of damages a victim will receive depends on the severity of the child's medical condition and how it has affected their standard of life.

Birth injuries and birth defects can be caused by a number of factors such as environmental exposures. Studies have revealed that certain chemicals, like pesticides, fungicides lead, paints, and heavy metals can increase the chance of birth defects. Birth defect lawyers have filed suits against businesses that have exposed workers to these toxic chemicals, as well 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 injury was caused by medical negligence, you must 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, it could mean that your child will never receive the justice they deserve.

Statute of limitations

A statute of limitations is a law that establishes the time frame for which a person has to file a civil claim. If a person fails to meet a deadline loses the right to pursue a defendant for damages. Birth injury claims can have a more complicated statute of limitations than other medical malpractice claims.

A lawsuit is typically filed against the doctor or the hospital that caused injuries to a patient 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 suit in the event of the death of a baby.

In a medical malpractice case the plaintiff must prove that the doctor at fault was not adhering to the standard of care and consideration that other health care providers would have utilized in similar circumstances. This includes failing diagnose a serious illness, such as low levels of oxygen during 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 an experienced attorney. Many attorneys provide free consultations to potential clients. If the attorney believes a client has a valid case, they will review medical records and employ experts to review the evidence. They will also help prepare documents and file the medical malpractice lawsuit within the timeframe.

Expert Witnesses

In cases which involves birth injuries, it is vital to have medical experts who are able to explain to jurors the medical procedures and practices. However, expert witnesses aren't easy to work with as they must be able to scrutinize massive amounts of information and make decisions based on evidence rather than their opinions. They must also be prepared to testify about things that may contradict their positions.

In the Daubert case the plaintiffs' experts argued that Bendectin caused their child's birth defects. The judge concluded that the evidence was on the "cutting edge of research in science, where fact meets theory and certainty dissolves into probabilities." However the judge did not believe that there was sufficient evidence that Bendectin increased the chance of developing birth defects.

The Daubert decision was a blow to plaintiffs who had filed a lawsuit against pharmaceutical companies an effort to obtain justice. But there are various ways in which the injured party could pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer can provide victims with advice on whether they're eligible for claims. Lawyers can assist plaintiffs determine if they are eligible to file a lawsuit as an individual or a class action. In certain cases a lawyer may start a lawsuit for birth injuries as part of multidistrict litigation (MDL). To get started complete the form on this page to request a a free and confidential consultation with a professional lawyer.

Representation

Modern technology and recent advances in the medical field may have reduced the chance of complications occurring during childbirth and pregnancy, but they're not completely eliminated. When a birth defect or injury occurs and the cause is preventable, parents may pursue legal action to pay for the costs associated with treatment.

Medical negligence claims often result from a doctor's inability to diagnose or treat a problem. For instance, a physician might fail to conduct an ultrasound examination or make an error during surgery, resulting in a birth defect similar to spina bifida. Other common causes of a birth defect lawsuit include insufficient 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, and affect their health, functioning and appearance. In certain instances, a birth defect can severely reduce a baby's life expectancy or result in a significant amount of medical costs.

If you believe your child's birth defect or injury was caused by negligence or medical malpractice during labor or pregnancy seek out a qualified birth defect attorney today. A lawyer can help explain your options and help you make a claim prior the statute of limitations expiring. A lawyer may also be able to negotiate an agreement on your behalf with the parties responsible for your infant's injury.