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How to File a Birth Defect Lawsuit

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

A birth defect lawsuit seeks to recover for your child's medical expenses or educational costs, among other losses. To be able to file an action, you must demonstrate that a medical professional violated 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 events during the lifetime of a parent. Parents want their babies to be perfect, and doctors attempt to do everything they can to stop birth defects from occurring. However, carelessness and negligence on the part of medical professionals can increase the chance of birth injuries and birth defects. When this occurs, a stunned family should consider seeking justice through a birth defect lawsuit.

A successful birth defect lawsuit could result in damages for a number of different things. This includes pain and suffering for the victim, loss of consortium and medical expenses, not to mention lost earning capacity. The amount of damages that the victim will be awarded is contingent on the degree of the child's health, and how much it has affected their quality of living.

Birth injuries and birth defects can be caused by a variety of factors which include exposure to environmental factors. Research has shown that certain chemicals like fungicides, pesticides, lead, paints, and heavy metals can increase the likelihood of birth defects. Birth defect lawyers have filed lawsuits against companies that have exposed workers to these toxic chemicals, as well against pharmaceutical companies that have developed medications that can cause birth defects in fetuses, like DES.

If you think your child's birth defect, or birth injury is the result of medical negligence, you must consult a reputable birth defect lawyer as soon as possible. In certain states, you only have one year to file a medical negligence suit, and waiting longer than that could mean losing your chance of getting the justice you have earned for your child's injury.

Statute of Limitations

A statute of limitation is a law which establishes the time limit for someone to file an action in civil court. 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 typically filed against the doctor or hospital that caused a patient's injuries during labor and birth. These cases are commonly referred to as birthing injury lawsuits or wrongful birth suits however, Florida's laws permit parents to make a claim for medical malpractice to bring a child's death.

In order to prove medical malpractice, the injured party will need to show that the doctor at fault did not follow the standards of care and consideration expected by another health medical professional in similar circumstances. This includes failing to recognize a serious illness, such as low levels of oxygen during childbirth which can lead to 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 to potential clients. If the attorney believes a client has a valid claim they will examine medical records and engage experts to examine the evidence. They will also assist in preparing documents and filing the medical malpractice lawsuit in time.

Expert Witnesses

In cases with birth injuries, it is crucial to be able to have medical experts provide a jury with the medical practices and procedures. Expert witnesses can be difficult as they must carefully examine an extensive amount of information to be able make decisions that are based on evidence rather than opinions. They must also be willing to testify about facts that might conflict with their opinions.

In the Daubert case the plaintiffs' experts suggested that Bendectin was the cause of 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 consider there was enough evidence that Bendectin doubled a baby's risk of developing birth defects.

The Daubert decision was a blow to plaintiffs who had filed suit against pharmaceutical companies in an attempt to get justice. But there are many ways that an injured person could pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer can advise victims about whether they are eligible for an opportunity to file a claim. Lawyers can assist plaintiffs determine whether they are eligible to file an individual lawsuit or a class action. In some cases lawyers can start a lawsuit for birth injuries as part of a multidistrict litigation. Please fill out the form below for a confidential and free consultation with an attorney.

Representation

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

Medical negligence claims usually result from a doctor's inability to properly diagnose or treat a problem. For example, a physician might fail to conduct an ultrasound examination or make an error during surgery, resulting 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 hazards when the baby is growing in the womb.

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

If you suspect that the birth defect or injury is the result of negligence or medical malpractice during pregnancy or labor, contact a qualified birth defect lawyer today. A lawyer can assist you determine your options and file a claim before the statute of limitations runs out. A lawyer might also be in a position to negotiate settlements on behalf of you with the responsible parties for your child's injuries.