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How to File a Birth Defect Lawsuit

Modern medicine and technology have greatly decreased the risks 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. To be able to file a claim, you need to demonstrate that a medical professional did not meet the standard of care prior to or during pregnancy or delivery.

Damages

Pregnancy can be one of the most exciting yet nerve-wracking experiences in a parent's lifetime. Parents want their babies to be perfect, and doctors attempt to do their best to prevent birth defects from occurring. However, carelessness and negligence on the part of medical practitioners can increase the chance of birth defects and injuries. When this happens families that are shocked 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. This can include pain and suffering for the victim as well as loss of consortium, medical expenses, not to mention lost earning capacity. The amount of damages a person suffers will depend on the degree of their child's health and the extent to which it has affected with their quality of life.

Birth defects and birth injuries can be caused by a number of factors which include environmental exposures. Studies have revealed that certain chemicals such as pesticides, fungicides lead, heavy metals and paints can increase the risk of birth defects. Birth defect lawyers have filed suits against companies that exposed workers to toxic chemicals, as well against pharmaceutical companies that have developed products that cause birth defects in fetuses, like DES.

If you think your child's birth defect attorneys defect, or birth injury is the result of medical malpractice, it is important to seek out a skilled birth defect lawyer as soon as you can. In some states, there's only one year to file a medical malpractice suit, and waiting longer than that may mean losing your chance to obtain the justice you are due for the injury your child sustained.

Statute of limitations

A statute of limitation is a law that defines the deadline for an individual to file an action in civil court. A person who misses an expiration date will lose the right to pursue a defendant for damages. Birth injury cases could have more complicated statutes of limitations than other kinds of medical malpractice claims.

A lawsuit is usually brought against the doctor or hospital that caused an injury to an individual during labor and birth. 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 the death of an infant.

To prove medical negligence, the person who was injured must prove that the doctor who was at fault was not able to meet the standards of care and consideration expected by another health care provider in similar circumstances. This includes failing to recognize serious conditions like low oxygen levels during childbirth that can cause cerebral palsy and brain damage.

The first step in filing a birth defect lawsuit is to contact a skilled attorney. Most attorneys offer free consultations for potential clients. If the attorney believes that a client has a valid claim, they will review medical records and employ experts to evaluate their credibility. They will also assist with the preparation of documents and file the medical malpractice lawsuit within the timeframe.

Expert Witnesses

In a case involving a birth injury it is essential to have experts who can explain medical practices and procedures to a jury. Expert witnesses can be difficult to testify because they must scrutinize the vast amount of information to be able make decisions based on fact rather than opinion. They should also be able to provide evidence on matters that could contradict their opinions.

In the Daubert case, the plaintiffs' experts suggested that Bendectin was the cause of 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 support the claim that Bendectin doubled the chances of developing birth defects.

The Daubert decision was a setback to plaintiffs who had filed a lawsuit against pharmaceutical companies the hope of obtaining justice. Nonetheless, there are still various ways in which an injured person could pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer can provide victims with advice about whether they are eligible for an opportunity to file a claim. A lawyer can help victims determine if they're eligible to file an individual lawsuit or a class action. In some instances, an attorney can make a claim for birth injury as part multidistrict litigation. Fill out the form below for a confidential and free consultation with an attorney.

Representation

Modern technology and recent advances in the medical field 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 was preventable, parents may seek legal action to recover the costs associated with treatment.

Medical negligence claims are usually result from a doctor's inability identify or treat an illness. For example, a physician may fail to conduct an ultrasound screening or make a mistake during surgery, resulting in a birth 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 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 certain instances, a birth defect can drastically reduce a baby's lifespan or result in significant medical expenses.

If you believe your child's birth defect or injury was due to negligence or medical malpractice during labor or birth consult a certified birth defect attorney today. A lawyer can assist you in understanding your options and help file a claim prior to the statute of limitations expiring. A lawyer may also be able to negotiate the settlement on behalf of you with the parties responsible for your infant's injury.