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How to File a Birth Defect Lawsuit

Modern technology and advancements in medicine have dramatically reduced the risk of the birth of a child. Birth defects or injuries still occur often.

A birth defect lawsuit seeks to compensate your child for medical expenses, educational costs and other damages. You must prove that the medical professional you are suing violated the standard treatment during or prior to pregnancy or delivery.

Damages

Pregnancy can be one of the most exciting, yet nerve-wracking events in the life of a parent. Parents want their babies perfect, and doctors do everything possible to prevent birth defects. However, carelessness and negligence on the part of medical professionals can increase the chance of birth defects and injuries. A family that is stricken by this circumstance should think about seeking legal action for a birth defect.

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

Birth defects and birth injuries can be caused by a variety of factors, including environmental exposures. Studies have shown that pesticides such as lead and fungicides and heavy metals, paints, and heavy metals, can increase the risk of birth defects. Birth defect lawyers have filed lawsuits against companies that exposed workers to harmful chemicals, as well as pharmaceutical companies that produce drugs like DES that can cause birth defects in fetuses.

If you think your child's birth defect or birth injury was the result of medical malpractice, you should consult a skilled birth defect lawyer as quickly as you can. In certain states, you have only one year to file a suit for medical malpractice. If you put off filing a lawsuit for a longer period, it could mean that your child will never get 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 suit. A person who misses the deadline will lose the right to sue a defendant for damages. Birth injury cases may have more complicated statutes of limitations than other types of medical malpractice cases.

A lawsuit is typically filed against the doctor or hospital that caused injuries to a patient during labor and delivery. These cases are sometimes known as birthing injuries suits or wrongful birth lawsuits however Florida's laws permit parents to file a malpractice suit in the event of the death of an infant.

In a medical malpractice case the injured party must prove that the doctor at fault did not adhere to the standard of care and consideration another medical professional would have utilized in similar circumstances. This includes failing to recognize a serious condition, such as low oxygen levels during childbirth that cause cerebral palsy or brain damage.

A qualified attorney should be the first step to filing a lawsuit for birth defect lawsuits defects. Most attorneys offer free consultations to potential clients. If an attorney is convinced that a client's claim is valid they will examine the medical records of the client and employ experts to analyze the records. They will also assist in preparing documents and file the medical malpractice lawsuit on time.

Expert Witnesses

In the case of a birth injury it is essential to have experts who can explain medical practices and procedures to jurors. Expert witnesses can be difficult to work with since they must scrutinize huge amounts of information and make decisions based on the facts rather than their opinions. They should also be prepared to testify about facts that might contradict their position.

In the Daubert Case, the plaintiffs' expert argued that Bendectin was responsible for their child's birth defect. The judge concluded that the evidence was "at the cutting edge of scientific research where fact meets theories, and certainty dissolves into probabilities." However the judge was not convinced there was enough proof that Bendectin caused birth defects.

The Daubert ruling was a setback to the plaintiffs, who had sued pharmaceutical companies to obtain justice. There are many ways that an injured person could pursue a lawsuit for birth defects.

A Philadelphia birth defect lawyer can advise victims about whether they have claims. A lawyer can help plaintiffs determine whether they are eligible to file a personal lawsuit or a class action. In some cases attorneys can start a lawsuit for birth injuries as part multidistrict litigation. Complete 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 that can occur during pregnancy and childbirth but they're still not completely eliminated. Parents may pursue legal action if a birth injury or defect occurs, and the cause could have been prevented.

Medical negligence claims typically result from a doctor's inability to diagnose or treat a condition. A physician may fail to perform an ultrasound or make a mistake during surgery, resulting in birth defects such as spina bifida. Other causes that can lead to birth defect lawsuits include an ineffective medication for the mother or exposure to chemicals or other environmental hazards as the baby is growing in the womb.

A birth defect can affect any part of the body of a newborn, affecting their appearance, health and function. In some cases, a birth defect can dramatically reduce a child's life expectancy or lead to a significant amount of medical expenses.

If you suspect that your child's birth defect or injury was due to negligence or medical malpractice during labor or birth seek out a qualified birth defect attorney today. A lawyer can provide you with your options and assist you file a claim prior to the time limit expiring. A lawyer can also negotiate an agreement with the parties responsible for the injury suffered by your infant.