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How to File a Birth Defect Lawsuit

Modern technology and advancements in medicine have dramatically reduced the risk of childbirth. However, birth defects or injury still occurs frequently.

A birth defect lawsuit seeks to pay your child's medical expenses, education costs as well as other losses. To be able to file a claim, you need to demonstrate that a medical professional breached the standard of care prior to pregnancy or the birth of your child.

Damages

Pregnancy can be one of the most exciting, yet nerve-wracking events in the life of a parent. Parents want their babies to be perfect, Birth Defects and doctors work to do everything they can to stop birth defects from happening. Unfortunately, negligence and carelessness on the part of medical practitioners can increase the risk of birth injuries and birth defects. When this occurs 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 range of different things. These include the victim's suffering and suffering as well as loss of consortium, medical expenses and lost earning capacity. The amount of damages the victim will be awarded is contingent on the severity of the child's condition and how it has affected their standard of living.

Birth injuries and birth defects can be caused by a variety of factors that include exposure to environmental factors. Research has shown that certain chemicals, such as pesticides, fungicides and lead, as well heavy metals and paints can increase the likelihood of birth defects. Birth defect lawyers have brought lawsuits against companies that exposed workers to these harmful chemicals, and against pharmaceutical companies that have developed products that cause birth defects in fetuses, such as DES.

If you suspect that medical malpractice caused the birth injury of your child or birth defect, consult a lawyer for birth defects immediately. In some states, you are given one year to file a lawsuit against medical malpractice. If you wait it could mean that your child will never receive the justice they deserve.

Statute of Limitations

A statute of limitations is a law which establishes the time limit for a person to file an action in civil court. If a person fails to meet the deadline, they will lose their right to seek damages from the defendant. Birth injury cases can have more complex statutes of limitations than other kinds of medical malpractice claims.

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

In order to prove medical negligence, the person who was injured will need to show that the doctor responsible was not able to meet the level of care and consideration required by a different health medical professional in similar circumstances. This includes failing in diagnosing a serious illness like low levels of oxygen in the childbirth process that cause brain damage and cerebral palsy.

Contacting a qualified attorney is the first step in filing a lawsuit for birth defects. A majority of attorneys offer free consultations for potential clients. If the attorney believes a client has a valid claim, they will examine medical records and engage expert witnesses to assess the evidence. They can also assist in the preparation of documents and filing the medical malpractice lawsuit within time.

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. However, expert witnesses can be difficult to work with since they must scrutinize huge amounts of evidence and be able to make decisions based upon facts rather than opinions. They must also be willing to testify about facts that might contradict their position.

In the Daubert case, the plaintiffs' experts argued that Bendectin 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 probabilities." However the judge did not consider there was enough evidence to support the claim that Bendectin doubled a baby's chance of developing birth defects.

The Daubert ruling was a setback to the plaintiffs, who had filed a lawsuit against pharmaceutical companies to try and get justice. Nonetheless, there are still various ways in which an injured person could pursue a lawsuit for birth defects.

A Philadelphia birth defect lawyer can assist those suffering from birth defects to determine whether they have a case. Lawyers can assist clients determine if they're eligible to file a lawsuit as an individual or a class action. In certain cases a lawyer may start a lawsuit for birth injuries as part of multidistrict lawsuit (MDL). Complete the form below for a confidential and free consultation with an attorney.

Representation

Although the advancements in technology and advances in medicine have drastically reduced the chance of complications during pregnancy and childbirth However, they aren't eliminated. When a birth defect or injury occurs, and the cause was preventable, parents may seek legal action to pay for the costs associated with treatment.

Medical negligence claims often result from a doctor's inability to recognize or treat a condition. A doctor may fail to perform an ultrasound or make a mistake during surgery, leading to birth defects such as spina bifida. Birth defects can be caused by improper medication taken by the mother, or exposure to chemicals and other environmental dangers during the development of the baby during the womb.

A birth defect could affect any part of the newborn's body and affect their health, appearance and function. In some instances birth defects can dramatically reduce a child's life expectancy or result in significant medical expenses.

Contact an attorney for birth defects now if you believe your child's birth defect or injury was caused by medical negligence or malpractice during pregnancy or labor. A lawyer can explain your options and assist you to make a claim before the deadline for filing. A lawyer can also negotiate a settlement with the parties responsible for the injury suffered by your infant.