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How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have drastically reduced the risks associated with childbirth. But, a birth defect or injury can still happen frequently.

A birth defect lawsuit seeks compensation for your child's medical expenses or educational costs, among other expenses. You must prove that the medical professional involved did not follow the standard of care during or before the pregnancy or birth.

Damages

Pregnancy can be one of the most exciting but nerve-wracking moments during the lifetime of a parent. Parents want their babies to be perfect, and doctors try to do their best to stop birth defects from occurring. However, carelessness and negligence on the part of medical practitioners can increase the risk of birth injuries and birth defects. When this happens the family of the victim ought to consider pursuing justice through a birth defect lawsuit.

A successful birth defect lawsuit may result in damages for a multitude of different things. These include a victim's pain and suffering and loss of consortium medical expenses, and loss of earning capacity. The amount of damages the victim will be awarded is contingent on the severity of the child's medical condition and how it has affected their quality of living.

Birth injuries and birth defects can be caused by a number of causes which include environmental exposures. Studies have shown that certain chemicals, like fungicides, pesticides and lead, as well as heavy metals and paints can increase the likelihood of birth defects. Birth defect lawyers have brought suits against companies that exposed workers to these harmful chemicals, and also against pharmaceutical companies who have manufactured medications that can cause birth defects in fetuses, like DES.

If you think your child's birth defect or injury is the result of medical malpractice, it is important to consult a skilled birth defect lawyer as soon as you can. In certain states, there is only one year to file a medical negligence lawsuit, and waiting more than that may mean losing the chance to receive the justice you deserve for your child's injury.

Statute of limitations

A statute of limitation is a law which establishes the deadline for filing a civil lawsuit. If a person misses the deadline, they lose the right to collect damages from a defendant. Birth injury cases could have more complex statutes of limitations than other types of medical malpractice cases.

A lawsuit is usually filed against the doctor or hospital that caused an injury to an individual during labor and delivery. These cases are commonly called birthing injury lawsuits or wrongful birth suits however, Florida's laws permit parents to bring a medical malpractice lawsuit for an infant's death.

In a lawsuit for medical malpractice the victim must prove the at-fault doctor failed to adhere to the expected level of care and consideration that another health care provider would have used in similar circumstances. This includes failing in diagnosing a serious illness 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 speak with a skilled attorney. The majority of lawyers offer free consultations for potential clients. If an attorney believes that a client's claim is valid, they will review the medical documents of the client and hire experts to analyze the records. They will also assist in preparing documents and file the medical malpractice suit within time.

Expert Witnesses

In cases which involves birth injuries, it is crucial to have medical experts who are able to explain to jurors the medical practices and procedures. Expert witnesses can be difficult to testify because they must carefully examine the vast amount of information to be able to make decisions that are based on evidence rather than opinion. They should also be able to testify about facts which may contradict their opinion.

In the Daubert case, the plaintiffs' experts suggested that Bendectin had caused their child's birth defects. The judge concluded that the evidence was at the "cutting edge of research in science, where reality meets theory and the certainty transforms into probability." However the judge did not consider there was enough evidence to prove that Bendectin doubled a baby's risk of developing birth defects.

The Daubert decision was a setback to plaintiffs who had sued pharmaceutical companies in seeking justice. But there are numerous avenues that an injured person could pursue a birth defect lawsuit.

A Philadelphia birth defect (Www.anp-pack.com) lawyer can advise victims about whether they are eligible for an opportunity to file a claim. A lawyer can determine if the plaintiff is eligible to file a lawsuit individually or as part of a class action. In certain situations a lawyer may start a lawsuit for birth injuries as part of a multidistrict litigation (MDL). Fill out the form below to receive a confidential and free consultation with an attorney.

Representation

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

Medical negligence claims are usually caused by a doctor's inability to diagnose or treat a disease. For instance, a doctor could neglect to perform an ultrasound test or make an error during surgery, resulting in a birth defect such as spina bifida. Other causes for a birth defect lawsuit include an ineffective medication for the mother or exposure to chemicals or other environmental hazards when the baby is developing in the womb.

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

If you think the birth defect or injury was due to medical malpractice or negligent care during pregnancy or labor get in touch with a reputable birth defect lawyer today. A lawyer can explain your options and assist you to file a claim prior to the deadline for filing. A lawyer may also be able to negotiate the settlement on behalf of you with the responsible parties for the injury to your child.