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How to File a Birth Defect Lawsuit

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

A birth defect lawsuit seeks reimbursement for your child's medical expenses education costs, as well as other expenses. To be able to file claims, you must prove that medical professionals violated the standard of care prior to pregnancy or the birth of your child.

Damages

Pregnancy is one of the most exciting and nerve-wracking moments in the life of a parent. Parents want their children to be perfect and doctors do everything they can to avoid birth defects. Medical negligence and inattention can increase the risk of birth defects and injuries. When this happens an astonished family ought to consider pursuing justice through a birth defect lawsuit.

A successful birth defect lawsuit could result in damages for a variety of different things. This includes suffering and pain for the victim along with loss of consortium and medical expenses, in addition to loss of earning capacity. The amount of damages that an individual victim will be awarded depends on the severity of the child's medical condition and how much it has affected their quality of life.

Environmental exposures can lead to birth defects and birth injuries. Studies have revealed that certain chemicals, like fungicides, pesticides and lead, as well paints and heavy metals may increase the risk of birth defects. Birth defect lawyers have filed lawsuits against companies that have exposed workers to hazardous chemicals, as well as against pharmaceutical companies that have developed drugs that can cause birth defects in fetuses, such as DES.

If you suspect medical malpractice caused the birth injury or birth defect, you should consult a lawyer for birth defects immediately. In some states, you are given one year to file a lawsuit against medical malpractice. If you delay this could mean that your child won't get the justice they deserve.

Statute of Limitations

A statute of limitations is a law that defines the deadline for when a person is allowed to file a civil action. A person who misses a deadline will lose the right to claim damages against a defendant. Birth injury cases can have more complicated statutes of limitations than other types of medical malpractice claims.

A lawsuit is usually filed against the doctor or the hospital who caused the patient's injuries during labor and birth. These cases can be known as birthing injuries suits or wrongful birth lawsuits, however Florida's laws permit parents to file a malpractice lawsuit in the event of the death of a child.

In a medical malpractice case the plaintiff must prove the at-fault doctor was not adhering to the standard of care and consideration another health care provider would have used in similar circumstances. This includes failing to diagnose a serious condition for example, low levels of oxygen during childbirth that cause cerebral palsy or brain damage.

A qualified attorney should be the first step towards filing a lawsuit for birth defects. The majority of lawyers offer free consultations and case review to prospective clients. If the attorney believes a client has a valid case, they will look into medical records and hire experts to examine the case. They will also assist in preparing documents and file the medical malpractice suit on time.

Expert Witnesses

In cases that involves birth injuries, it's essential to have medical experts who can explain to a jury the medical practices and procedures. Expert witnesses can be difficult to testify because they have to scrutinize a vast amount of data to be able to make decisions based on facts, not opinion. Furthermore, they should be prepared to testify about things that may contradict their beliefs.

In the Daubert Case, the plaintiffs' expert claimed that Bendectin caused their child's birth defect. The judge concluded that the evidence was "at the cutting-edge of research in science where fact meets theories and certainty dissolves into probabilities." However the judge was not convinced there was sufficient evidence to prove that Bendectin caused birth defects.

The Daubert decision was a blow to plaintiffs that had filed a lawsuit against pharmaceutical companies the hope of obtaining justice. Nonetheless, there are still many avenues for an injured person could pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer can advise victims on whether they're eligible for a claim. A lawyer can determine if a plaintiff is eligible to file a lawsuit individually or as part of a class action. In certain instances a lawyer may file a birth injury lawsuit as part of a multidistrict litigation (MDL). Fill out the form below for a confidential and free consultation with an attorney.

Representation

Modern technology and recent advances in medicine may have decreased the chance of complications occurring during pregnancy and childbirth, but they are not completely eliminated. If a birth defect injury occurs, and the cause could have been avoided, parents may pursue legal action to cover the costs related to treatment.

Medical negligence cases typically result from a doctor's inability to diagnose or treat a problem. For example, a physician could neglect to perform an ultrasound screening or make a mistake during surgery, which could result in a birth defect such as spina bifida. Other common causes of a birth defect lawsuit are inadequate 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 newborn's body and affect their health, appearance and functionality. In certain instances the birth defect could dramatically reduce a child's life expectancy or lead to significant medical expenses.

If you believe your child's birth defect or injury is the result of medical malpractice or negligent care during labor or pregnancy get in touch with a reputable birth defect attorney today. A lawyer can help discover your options and make a claim prior to the deadline for filing a claim expires. A lawyer can also negotiate a settlement with the parties responsible for the harm to your infant.