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How to File a Birth Defect Lawsuit

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

A birth defect lawsuit seeks compensation for your child's medical expenses education costs, as well as other expenses. To be able to file claims, you must establish that a medical professional did not meet the standard of care before or during pregnancy or delivery.

Damages

Pregnancy is among the most exciting and stressful moments in the life of a parent. Parents want their babies to be perfect, and doctors strive to do everything possible to stop birth defects from occurring. However, carelessness and negligence on the part of medical practitioners can increase the chance of birth injuries and birth defects. In the event of this happening the family of the victim ought to consider pursuing justice through a birth defect lawsuit.

A successful birth defect lawsuit can result in damages for a number of different things. This includes suffering for the victim as well as loss of consortium, medical costs, as well as lost earning capacity. The amount of damages a person suffers will depend on the severity of their child's medical condition and the extent that it has affected with their daily life.

Birth injuries and birth defects can be caused by a number of factors, including environmental exposures. Studies have shown 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 companies that exposed workers to these harmful chemicals, and also against pharmaceutical companies that have produced drugs that could cause birth defects in fetuses, like DES.

If you suspect that your child's birth defect, or birth injury is the result of medical malpractice, it is important to seek out a skilled birth defect lawyer as quickly as possible. In some states, you are given one year to file a lawsuit for medical malpractice. If you put off filing a lawsuit for a longer period this could mean that your child will not receive the justice they deserve.

Statute of limitations

A statute of limitation is a law which establishes the deadline for a person to file a civil lawsuit. Anyone who fails to meet the deadline will lose the right to seek damages from a defendant. Birth injury claims may be more complex in terms of the statute of limitations 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 sometimes referred to as birthing injury suits or wrongful birth lawsuits, however Florida's laws permit parents to file a malpractice lawsuit in the event of the death of a baby.

In a case of medical malpractice the victim must prove the at-fault doctor was not adhering to the standard of care and consideration another health care provider would have used in similar circumstances. This includes failing to recognize an illness of serious severity like low oxygen levels during childbirth that can cause cerebral palsy and brain damage.

The first step to file a birth defect lawsuit is to contact an experienced attorney. Most attorneys offer free consultations and case review to potential clients. If the attorney believes that a client has a valid case, they will look into medical records and hire expert witnesses to assess the evidence. They can also assist in the preparation of documents and filing the medical malpractice lawsuit within time.

Expert Witnesses

In a case involving birth defect attorney injuries, it is vital to have medical experts who can explain to a jury the medical practices and procedures. Expert witnesses can be difficult because they must carefully examine an extensive amount of information to be able to make decisions that are based on evidence rather than opinion. In addition, they must be able to testify regarding facts that could contradict their views.

In the Daubert case, the plaintiffs' experts suggested that Bendectin contributed to their child's birth defects. The judge ruled that the evidence was at the "cutting edge of research in science, where reality is matched by theory, and certainty turns into probabilities." However the judge did not believe there was sufficient evidence that Bendectin increased the chance of developing birth defects.

The Daubert ruling was a setback to the plaintiffs, who had suing pharmaceutical companies to win justice. However, there are various ways in which an injured person can pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer can assist victims about whether they are eligible for an opportunity to file a claim. A lawyer can determine whether an individual plaintiff is eligible to file a lawsuit individually or as part of an action class. In certain instances a lawyer may make a birth injury claim as part of a multidistrict litigation (MDL). Fill out the form below to receive a private and free consultation with an attorney.

Representation

Although the advancements in technology and advances in the field of medicine have drastically reduced the chance of complications during pregnancy and childbirth However, they aren't eliminated. When a birth defect or injury occurs and the cause was preventable, parents may pursue legal action to cover the costs associated with treatment.

Medical negligence claims often stem from a doctor's failure to recognize or treat a problem. For example, a physician could neglect to perform an ultrasound screening or make mistakes during surgery, which could result in a birth defect similar to spina bifida. Other causes that can lead to a birth defect lawsuit include inadequate medication for the mother or exposure to chemicals or other environmental dangers while the baby is growing in the womb.

A birth defect can affect any part of a newborn's body, and affect their health, function and appearance. In some instances, a birth defect can drastically reduce a baby's life expectancy or result in an enormous amount of medical expenses.

If you suspect the birth defect or injury was due to medical malpractice or negligent care during labor or pregnancy consult a certified birth defect lawyer today. A lawyer can help you discover your options and make a claim prior to the statute of limitations runs out. A lawyer can also negotiate a settlement with the parties responsible for the injury of your infant.