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How to File a Birth Defect Lawsuit

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

A birth defect lawsuit seeks compensation for your child's medical expenses as well as educational costs and other losses. You must prove that the medical professional who was involved breached the standard of treatment prior to or during the pregnancy or birth.

Damages

Pregnancy can be one of the most exciting yet nerve-wracking events during the lifetime of a parent. Parents want their babies perfect, and doctors do everything to avoid birth defects. Unfortunately, negligence and carelessness on the part of medical practitioners can increase the chance of birth injuries and defects. If this happens families that are shocked may want to seek justice through a birth defect lawsuit.

A successful birth defect lawsuit may result in damages for a variety of different things. These include a victim's pain and suffering and loss of consortium, medical expenses, and loss of earning capacity. The amount of damages a person suffers will depend on the severity of their child's illness and the extent to which it has impacted in their quality of life.

Birth injuries and birth defects can be caused by a number of factors which include exposure to environmental factors. Research has shown that pesticides, such as fungicides and lead as well as heavy metals, paints, and heavy metals, can increase the risk of birth defects. Birth defect lawyers have filed suits against businesses that have exposed workers to these harmful chemicals, and also against pharmaceutical companies that have made drugs that can cause birth defect attorneys defects in fetuses, like DES.

If you suspect that medical malpractice caused your child's birth injury or birth defect, you should seek out a birth defect lawyer immediately. In certain states, you are given one year to file a lawsuit claiming medical malpractice. If you wait longer and you don't, your child will not receive the justice they deserve.

Statute of limitations

A statute of limitation is a law which establishes the deadline for a person to file a civil lawsuit. If a person fails to meet an expiration date will lose the right to seek damages from a defendant. Birth injury claims be more complex in terms of the statute of limitations than other medical malpractice claims.

A lawsuit is typically filed against the hospital or doctor who caused the patient's injuries during labor and delivery. These cases are often referred to as birthing injury suits or wrongful birth lawsuits, however Florida's laws permit parents to file a malpractice suit for the death of a baby.

In a medical malpractice case the injured party must prove the at-fault doctor did not adhere to the standard of care and consideration any other medical professional would have utilized in similar circumstances. This includes failing to recognize an illness that is serious such as low oxygen levels during childbirth that cause cerebral palsy or brain damage.

The first step in filing a birth defect lawsuit is to contact a skilled attorney. Most attorneys offer free consultations and reviews of cases to potential clients. If the attorney is convinced that a client has a valid case, they will examine medical records and appoint experts to review the case. They can also assist in the preparation of documents and file the medical malpractice lawsuit within the timeframe.

Expert Witnesses

In cases that involves birth injuries, it's essential to have medical experts who can provide a jury with the medical procedures and practices. Expert witnesses can be difficult because they must carefully examine a large amount of information to make decisions based on facts, not opinions. They must also be willing to provide evidence on matters that may conflict with their opinions.

In the Daubert case, the plaintiffs' experts claimed that Bendectin was the cause of the birth defects of their child. The judge found that the evidence was at the "cutting edge of scientific research, where fact is matched by theory, and certainty turns into probability." However the judge did not consider there was enough evidence 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 an effort to obtain justice. There are many ways that an injured person could pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer can provide victims with advice on whether they're eligible for a claim. A lawyer can assist victims determine if they're eligible to file an individual lawsuit or a class action. In certain cases, a lawyer can start a lawsuit for birth injuries as part of multidistrict lawsuit (MDL). To start by filling out the form below for a a free and confidential consultation with a licensed lawyer.

Representation

Modern technology and recent advances in the medical field may have decreased the risk of complications that can occur during childbirth and pregnancy, but they are not completely eliminated. When a birth defect or injury occurs and the cause was preventable, parents may pursue legal action to recover the costs associated with treatment.

Medical negligence claims are often caused by a doctor's inability to diagnose or treat an illness. For instance, a doctor may fail to conduct an ultrasound exam or make an error during surgery, which could result in a birth defect, such as spina bifida. Other common causes of a birth defect lawsuit include inadequate medication for the mother or exposure to chemicals or other environmental hazards when the baby is growing in the womb.

A birth defect may affect any part of the body of a newborn and affect their appearance, health and function. In some cases birth defects can decrease the life expectancy of a newborn or lead to major medical expenses.

Contact a birth defect lawyer immediately if you believe your child's birth injury or defect was caused by medical negligence or mistakes during labor or pregnancy. A lawyer can assist you in understanding your options and help submit a claim prior to the deadline for filing. A lawyer may also be in a position to negotiate a settlement on your behalf with the parties responsible for the injuries your infant sustained.