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How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have drastically reduced the risk of birth. But, a birth defect or injury still happens frequently.

A birth defect lawsuit seeks to recover for your child's medical expenses education costs, as well as other losses. You must prove that the medical professional 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 in the life of a parent. Parents want their babies to be perfect, and doctors strive to do their best to prevent birth defects from occurring. Unfortunately, carelessness and negligence on the part of medical professionals can increase the chance of birth injuries and birth defects. When this occurs an astonished family might want to pursue justice via a birth defect lawsuit.

A successful birth defect lawsuit could result in damages for a number of different things. This can include the suffering and suffering and loss of consortium, medical expenses, and loss of earning capacity. The amount of damages a person suffers will depend on the degree of their child's health and the extent to which it has interfered with their daily life.

Birth injuries and birth defects can be caused by a number of factors which include environmental exposures. Studies have proven that certain chemicals like fungicides, pesticides and lead, as well as paints, and heavy metals can increase the chance of birth defects. Birth defect lawyers have brought lawsuits against companies that have exposed workers to these hazardous chemicals, as well as against pharmaceutical companies that have made drugs that can cause birth defects in fetuses, like DES.

If you suspect that your child's birth defect or injury was caused by medical negligence, you must consult a reputable birth defect lawyer as soon as you can. In some states, you only have one year to file a lawsuit claiming medical malpractice. If you delay this could mean that your child will never get the justice they deserve.

Statute of Limitations

A statute of limitations is a law which establishes the time limit for filing 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 can 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 that caused injuries to a patient during labor and birth. These cases are often referred to as birthing injury lawsuits or wrongful birth suits though Florida's laws allow parents to file a medical malpractice suit to bring a child's death.

To prove medical malpractice, the injured party will need to show that the doctor who was at fault did not adhere to the level of care and consideration expected by another health healthcare provider in similar circumstances. This includes failing diagnose a serious illness, such as low levels of oxygen during childbirth which can lead to cerebral palsy and brain damage.

The first step in filing a birth defect lawsuit is to get in touch with a skilled attorney. Many attorneys provide free consultations and case review to potential clients. If an attorney is convinced that a client's claim is valid, they will review the medical documents of the client, and they will hire experts to analyze the records. They can also assist in the preparation of documents and filing the medical malpractice lawsuit on time.

Expert Witnesses

In a case involving birth injuries, it is important to have experts who can explain medical procedures and practices to jurors. Expert witnesses can be difficult as they must carefully examine a large amount of information to make decisions based on facts, not opinions. They also have to be willing to testify about facts that might contradict their position.

In the Daubert case, the plaintiffs' experts suggested that Bendectin contributed to their child's birth defects. The judge concluded that the evidence was at the "cutting edge of scientific research, where fact meets theory and the certainty transforms into probability." However the judge did not believe there was sufficient evidence to prove that Bendectin doubled the chances of developing birth defects.

The Daubert ruling was a setback to the plaintiffs, who had filed a lawsuit against pharmaceutical companies to try and obtain justice. However, there are various ways in which an injured party may pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer can advise victims about whether they have a claim. A lawyer can decide if the plaintiff is eligible to pursue a lawsuit by themselves or as part of a class action. In some instances attorneys can file a lawsuit for birth injuries as part of an interdistrict litigation. To get started, fill out the form here for an unreserved and confidential consultation with a licensed attorney.

Representation

While modern technology and recent advances in the field of medicine have greatly reduced the risk of complications during pregnancy and childbirth however, they are not completely eliminated. When a birth defect or injury occurs, and the cause is preventable, parents can pursue legal action to cover costs related to treatment.

Medical negligence claims usually result from a doctor's inability to properly diagnose or treat a condition. For instance, a doctor may fail to conduct an ultrasound examination or make a mistake during surgery, resulting in a birth defect such as spina bifida. Other causes for a birth defect lawsuit include improper medication for the mother or exposure to chemicals or other environmental hazards while the baby is growing in the womb.

A birth defect can affect any part of a newborn's body, and affect their health, functioning and appearance. In some cases, a birth defect can drastically reduce a baby's life expectancy or lead to an enormous amount of medical costs.

If you think your child's birth defect or injury was due to medical malpractice or negligent care during pregnancy or labor seek out a qualified birth defect lawyer today. A lawyer can help explain your options and help you make a claim before the statute of limitations expiring. A lawyer can also negotiate an agreement with the parties responsible for the injury suffered by your child.