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How to File a Birth Defect Lawsuit

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

A birth defect lawsuit seeks compensation for your child's medical expenses as well as educational costs and other expenses. You must prove that the medical professional who was involved breached the standard of care during or before the birth or delivery.

Damages

Pregnancy is among the most exciting and nerve-wracking times in a parent's life. Parents want their babies to be perfect, and doctors strive 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 might want to pursue justice via a birth defect lawsuit.

A successful birth defect lawsuit may result in damages for a multitude of different things. This can include pain and suffering for the victim as well as loss of consortium and medical expenses, as well as loss of earning capacity. The amount of damages a victim receives will depend on the degree of their child's health and the extent that it has affected with their life quality.

Birth injuries and birth defects can be caused by a number of causes such as environmental exposures. Studies have revealed that certain chemicals such as pesticides, fungicides and lead, as well as paints and heavy metals can increase the chances 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 products that cause birth defects in fetuses, such as DES.

If you suspect that your child's birth defect or injury is the result of medical negligence, you must speak with a skilled birth defect lawyer as soon as possible. In some states, there is only one year to file a medical negligence suit, and waiting any longer than that could mean losing your chance of getting the justice you need for your child's injuries.

Statute of limitations

A statute of limitation is a law which establishes the time limit for someone to file a civil lawsuit. If a person fails to meet the deadline, they will lose the right to claim damages from a defendant. Birth injury cases can have more complicated statutes of limitations than other kinds of medical malpractice claims.

A lawsuit is typically filed against the hospital or doctor who caused injury to an individual during labor and birth. These cases are often called birthing injury lawsuits or wrongful birth suits, however Florida's laws permit parents to bring a medical malpractice lawsuit in the event of a baby's death.

In a medical malpractice case the victim must prove that the doctor at fault did not adhere to the standards of care and consideration another health care provider would have followed in similar circumstances. This includes failing in diagnosing an illness that is serious for example, low levels of oxygen during childbirth that cause brain damage and cerebral palsy.

The first step to file a birth defect lawsuit is to speak with an experienced attorney. Most attorneys offer free consultations and case reviews to potential clients. If the lawyer believes that a client has a valid case, they will review medical records and hire experts to review them. They will also assist in preparing documents and file the medical malpractice lawsuit within the timeframe.

Expert Witnesses

In cases with birth injuries, it is essential to have medical experts who can explain to a jury the medical procedures and practices. However, expert witnesses can be difficult to work with since they must carefully examine massive amounts of evidence and be able to make decisions based upon facts rather than their opinions. Additionally, they must be able to testify regarding facts that could contradict their opinions.

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

The Daubert decision was a blow to plaintiffs that had sued pharmaceutical companies in seeking justice. Nonetheless, there are still many avenues for an injured person can pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer can advise victims on whether they're eligible for a right to sue. Lawyers can determine if the plaintiff is eligible to file a lawsuit on their own or as part of a class action. In certain instances a lawyer may bring a birth injury lawsuit as part of a multidistrict litigation (MDL). To get started, fill out the form below for a an initial consultation for free and confidential with a licensed attorney.

Representation

Although the latest technology and developments in the field of medicine have drastically reduced the chance of complications during pregnancy and childbirth however, they are not completely eliminated. When a birth defect or injury occurs, and the cause was preventable parents may pursue legal action to cover the costs related to treatment.

Medical negligence claims often stem from a doctor's failure to properly diagnose or treat a condition. For instance, a doctor could neglect to perform an ultrasound test or make a mistake during surgery, which could result in a birth defect law firm defect such as spina bifida. Other causes for a birth defect lawsuit include improper medication for the mother or exposure to chemicals or other environmental hazards when the baby develops in the womb.

A birth defect can affect any part of a newborn's body, and impact their health, function and appearance. In some instances, a birth defect can drastically reduce a baby's life expectancy, or cause 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 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 responsible parties for the injury suffered by your child.