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How to File a Birth Defect Lawsuit
Modern medical technology and medicine have drastically reduced the risk of childbirth. But, a birth defect or injury can still happen frequently.
A birth defect lawsuit seeks to recover for your child's medical expenses or educational costs, among other expenses. You must prove that the medical professional in question has violated the standard medical treatment prior to or during the birth or during pregnancy.
Damages
Pregnancy can be one of the most exciting but nerve-wracking moments in the life of a parent. Parents want their babies to be perfect, and doctors do everything to prevent birth defects. However, carelessness and negligence on the part of medical professionals can increase the chance of birth injuries and defects. When this happens families that are shocked might want to pursue justice via a birth defect lawsuit.
A successful birth defect lawsuit may result in damages for a variety of different things. This can include the pain and suffering and loss of consortium medical expenses and lost earning capacity. The amount of compensation the victim will be awarded is contingent on the severity of the child's medical condition, and how much it has affected their quality of life.
Environmental exposures can result in birth defects and birth injuries. Studies have proven that pesticides such as lead and fungicides and paints, heavy metals 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 could cause birth defects in fetuses.
If you suspect that medical negligence caused the birth injury of your child or birth defect, it is recommended to consult a lawyer for birth defects immediately. In certain states, there is only one year to file a medical negligence lawsuit, and waiting more than that can mean losing your chance to obtain the justice you deserve for your child's injury.
Statute of limitations
A statute of limitations is a law which establishes the deadline for a person to file an action in civil court. Anyone who fails to meet a deadline loses the right to sue a defendant for damages. Birth injury cases may have more complex statutes of limitations than other kinds of medical malpractice claims.
A lawsuit is usually filed against the hospital or doctor who caused injury to an individual during labor and birth. These cases are often referred to as birthing injury lawsuits or wrongful birth suits however, Florida's laws permit parents to make a claim for medical malpractice for the death of an infant.
In a lawsuit for medical malpractice the victim must prove that the doctor at fault was not adhering to the standards of care and consideration another health care provider would have utilized in similar circumstances. This includes failing to recognize serious conditions like low levels of oxygen during childbirth which can result in cerebral palsy and brain damage.
The first step in filing a birth defect lawsuit is to get in touch with an experienced attorney. Many attorneys provide free consultations and case reviews for prospective clients. If an attorney believes that the client's claim is legitimate they will look over the medical records of the client, and they will hire experts to analyze the claims. They will also assist in preparing documents and file the medical malpractice lawsuit in time.
Expert Witnesses
In the case of a birth injury it is crucial to have experts who can explain medical practices and procedures to a jury. Expert witnesses can be difficult since they must scrutinize the vast amount of information in order to make a decision based on fact rather than opinion. They should also be prepared to testify about facts that might contradict their opinion.
In the Daubert case, the plaintiffs' experts suggested that Bendectin had caused birth defects for their child. The judge ruled that the evidence was "at the cutting-edge of scientific research where fact meets theories and the certainty is transformed into probabilities." However the judge was not convinced there was enough proof that Bendectin caused birth defects.
The Daubert decision was an affront to plaintiffs who had filed lawsuits against pharmaceutical companies in seeking justice. However, there are various ways in which an injured person can pursue a birth defect lawsuit.
A Philadelphia birth defect lawyer can provide victims with advice on whether they're eligible for a claim. Lawyers can determine if the plaintiff is eligible to pursue a lawsuit by themselves or as part of a class action. In some cases a lawyer may make a birth injury claim in the context of multidistrict litigation (MDL). Fill out the form to receive a confidential and free consultation with an attorney.
Representation
While modern technology and recent advancements in the medical field have greatly reduced the risk of complications during pregnancy and childbirth, they are not entirely eliminated. Parents may pursue legal action if a birth defect or birth injury occurs, and the cause could have been avoided.
Medical negligence claims are usually due to a doctor's failure to identify or treat an illness. For instance, a physician might fail to conduct an ultrasound exam or make mistakes during surgery, which could result in a birth defect like spina bifida. Other causes that can lead to a birth defect lawsuit include insufficient medication for the mother or exposure to chemicals or other environmental dangers while the baby develops in the womb.
A birth defect may affect any part of the body of a newborn, affecting their appearance, health and function. In some cases birth defects can decrease the life expectancy of a newborn or lead to substantial medical expenses.
Contact a birth defect lawyer today if you suspect that the birth injury or defect was caused by medical negligence or negligence during labor or pregnancy. A lawyer can assist you to discover your options and submit a claim before the time limit expires. A lawyer can also negotiate a settlement with the responsible parties for the injury of your infant.