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How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have greatly reduced the risk of birth. Birth defects or injuries still occur frequently.

A birth defect lawsuit seeks to recover for medical expenses of your child, educational costs, and other losses. You must prove that the medical professional you are suing breached the standard of treatment during or prior to the birth or delivery.

Damages

Pregnancy can be one of the most exciting yet nerve-wracking events during the lifetime of a parent. Parents want their children to be perfect and doctors do everything to prevent birth defects. Medical negligence and carelessness could increase the risk for birth defects and injuries. A family that is shocked by this situation should consider the possibility of suing over a birth defect.

A successful birth defect lawsuit can result in damages for a variety of different things. These include a victim's pain and suffering as well as loss of consortium, medical expenses and lost earning capacity. The amount of damages a victim receives will depend on the severity of their child's medical condition and the extent to which it has affected with their daily life.

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

If you believe that your child's birth defect, or birth injury is the result of medical negligence, you must seek out a skilled birth defect lawyer as quickly as you can. In certain states, you only have one year to file a lawsuit against medical malpractice. If you wait this could mean that your child will never get the justice they deserve.

Statute of limitations

A statute of limitation is a law that defines the time limit for someone to file a civil lawsuit. If someone misses the deadline, they will lose their right to recover damages from the defendant. Birth injury cases can have more complex statutes of limitations than other types of medical malpractice claims.

A lawsuit is usually filed against the hospital or doctor that caused a patient's injuries during labor and delivery. These cases are usually known as birthing injury lawsuits or wrongful birth suits though Florida's laws allow parents to pursue a medical malpractice suit in the event of a baby's death.

In a medical malpractice case the injured party must prove that the doctor at fault was not adhering to the expected level of care and consideration that any other medical professional would have applied in similar circumstances. This includes failing to diagnose a serious illness, such as low oxygen levels during childbirth which could lead to cerebral palsy and brain damage.

The first step in filing a birth defect lawsuit is to speak with an experienced attorney. Many attorneys provide free consultations to prospective clients. If an attorney is convinced that the client's claim is legitimate they will go over the medical records of the client and then hire experts to evaluate the claims. They can also assist in the preparation of documents and file the medical malpractice lawsuit on time.

Expert Witnesses

In a case with birth injuries, it is vital to have medical experts who are able to explain to a jury the medical practices and procedures. Expert witnesses can be difficult as they must scrutinize an extensive amount of information to be able to make decisions that are based on evidence rather than opinions. They also have to be willing to testify about facts that might contradict their position.

In the Daubert Case, the plaintiffs' expert believed that Bendectin was responsible for the birth defect in their child. The judge concluded that the evidence was on the "cutting edge of research in science, where fact meets theory and certainty dissolves into probabilities." However the judge did not consider there was enough evidence to prove that Bendectin increased the chance of developing birth defects.

The Daubert decision was an affront to plaintiffs who had filed lawsuits against pharmaceutical companies in seeking justice. But there are various ways in which an injured party may pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer can help victims about whether they are eligible for an opportunity to file a claim. A lawyer can determine whether the plaintiff is able to pursue a lawsuit by themselves or as part of a class action. In certain situations, a lawyer can start a lawsuit for birth injuries in the context of multidistrict litigation (MDL). To start you must fill out the form here for the opportunity to have a no-cost and confidential consultation with a professional attorney.

Representation

Modern technology and recent advancements in medicine may have reduced the risk of complications occurring during pregnancy and childbirth, but they're still not completely eliminated. If a birth defect, or injury occurs, and the cause could have been avoided, parents can pursue legal action to cover the costs related to treatment.

Medical negligence claims often result from a doctor's inability to properly diagnose or treat a problem. For instance, a doctor might fail to conduct an ultrasound test or make mistakes during surgery, resulting in a birth defect, such as spina bifida. Birth defects can be caused by a wrong medication taken by the mother, or exposure to chemicals or other environmental dangers during the development of the baby in the womb.

A birth defect may affect any part of the newborn's body which can affect their health, appearance and performance. 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 your child's birth injury or defect was caused by medical negligence or negligence during labor or pregnancy. A lawyer can help you determine your options and make a claim before the statute of limitations expires. A lawyer can also negotiate an agreement with the parties responsible for the harm to your infant.