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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 still happens 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 claims, you must establish that medical professionals violated the standard of medical care prior to pregnancy or during the delivery.

Damages

Pregnancy is among the most exciting and nerve-wracking times in a parent's life. Parents want their babies to be perfect, and doctors attempt to do all they can to prevent birth defects from occurring. Inattention to medical issues and negligence can increase the risk for birth defects and injuries. A family that is stricken by this incident should think about seeking legal action for a birth defect.

A successful birth defect lawsuit could result in damages for many different things. This includes the victim's pain and suffering and loss of consortium medical expenses, and loss of earning capacity. The amount of the damages a victim is awarded will depend on the degree of their child's health and the extent to which it has interfered with their life quality.

Environmental exposures can lead to birth defects and birth injuries. Research has shown that certain chemicals like pesticides, fungicides lead, paints and heavy metals can increase the chances of birth defects. Birth defect lawyers have filed lawsuits against companies that exposed employees to harmful chemicals and pharmaceutical companies that make drugs like DES that could cause birth defects in fetuses.

If you suspect that medical error caused your child's birth injury or birth defect, seek out a birth defect lawyer immediately. In certain states, there is only one year to file a medical malpractice lawsuit, and waiting more than that may mean losing your chance to obtain the justice you deserve for your child's injury.

Statute of limitations

A statute of limitations is a law which defines the deadline for when a person is allowed to file a civil suit. If someone misses the deadline, they lose their right to recover damages from a defendant. Birth injury cases may have more complicated statutes of limitations than other kinds of medical malpractice claims.

A lawsuit is typically filed against the medical professional or hospital that caused a patient's injuries during labor and birth. These cases can be called birthing injury lawsuits or wrongful birth lawsuits, although Florida's laws permit parents to file a malpractice suit in the event of the death of an infant.

In a medical malpractice lawsuit the victim must prove the at-fault doctor was not adhering to the expected level of care and consideration that another health care provider would have utilized in similar circumstances. This includes failing diagnose a serious condition such as low oxygen levels in childbirth that can cause cerebral palsy and brain damage.

The first step in filing a birth defect lawsuit is to contact an experienced attorney. The majority of lawyers offer free consultations to potential clients. If the lawyer believes that a client has a valid claim, they will review medical records and hire experts to review the case. They will also assist in preparing documents and file the medical malpractice suit on time.

Expert Witnesses

In a birth injury case, it is important to have experts who can explain medical practices and procedures to a jury. Expert witnesses can be difficult because they have to scrutinize a large amount of information to be able make decisions based on fact rather than opinion. In addition, they must be willing to testify on facts that might conflict with their views.

In the Daubert case, the plaintiffs' experts claimed that Bendectin was the cause of the birth defects of their child. The judge concluded that the evidence was on the "cutting edge of research in science, where reality meets theory and certainty dissolves into probabilities." However the judge did not believe that there was sufficient proof that Bendectin increased the chance of developing birth defects.

The Daubert ruling was a setback to the plaintiffs, who had filed a lawsuit against pharmaceutical companies in order to obtain justice. There are numerous avenues for an injured party to file a lawsuit for a birth defect.

A Philadelphia birth defect lawyer can help victims determine whether they have a case. A lawyer can help clients determine if they're eligible to file a lawsuit on their own or a class action. In some cases, a lawyer can start a lawsuit for birth injuries as part of a multidistrict litigation (MDL). To start complete the form below for a the opportunity to have a no-cost and confidential consultation with a reputable attorney.

Representation

Although the latest technology and advancements in the medical field have significantly reduced the risk of complications during childbirth and pregnancy however, they are not completely eliminated. Parents may pursue legal action if they suffer a birth defect or birth injury occurs, and the reason could have been prevented.

Medical negligence claims usually stem from a doctor's failure to identify or treat a problem. For instance, a doctor may not perform an ultrasound test or make an error during surgery, which could result in a birth defect such as spina bifida. Other causes for birth defect lawsuits include inadequate medication for the mother or exposure to chemicals or other environmental hazards when the baby develops in the womb.

A birth defect can affect any part of a newborn's body, and impact their health, function and appearance. In certain cases birth defects can decrease the life span of a child or trigger major medical expenses.

Contact an attorney for birth defects today if you believe that the birth injury or defect was the result of medical negligence or mistakes during labor or pregnancy. A lawyer can help explain your options and help you file a claim prior to the statute of limitations expiring. A lawyer can also negotiate an agreement with the parties responsible for the harm to your child.