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How to File a Birth Defect Lawsuit
Modern medicine and technology have greatly reduced the risks of childbirth. But, a birth defect or injury still occurs frequently.
A birth defect lawsuit seeks compensation for medical expenses of your child or educational costs, among other losses. To be able to pursue an action, you must demonstrate that a medical professional violated the standard of care prior to or during pregnancy or delivery.
Damages
Pregnancy can be one of the most exciting yet nerve-wracking experiences in the life of a parent. Parents want their children to be perfect, and doctors try to do everything they can to stop birth defects from happening. Unfortunately, negligence and carelessness on the part of medical practitioners can increase the risk of birth injuries and birth defects. When this occurs an astonished family may want to seek justice through a birth defect lawsuit.
A successful birth defect lawsuit can result in damages for a range 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 compensation the victim will be awarded is contingent on the severity of the child's condition and how much it has affected their standard of life.
Birth injuries and birth defects can be caused by a number of causes which include environmental exposures. Studies have shown that certain chemicals like pesticides, fungicides and lead, as well as heavy metals and paints 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, such as DES.
If you believe that your child's birth defect or injury is the result of medical malpractice, you should speak with a skilled birth defect lawyer as quickly as you can. In certain states, there is only one year to file a medical negligence suit, and waiting longer than that may mean losing your chance to obtain the justice you are due for the injury your child sustained.
Statute of Limitations
A statute of limitations is a law which defines the time limit for a person to file a civil suit. If a person misses the deadline, they will lose their right to recover damages from the defendant. Birth injury claims can have a more complicated time limit than other medical malpractice claims.
A lawsuit is typically brought against the hospital or doctor that caused an injury to patients during labor or delivery. These cases are often called birthing injury lawsuits or wrongful birth suits however Florida's laws permit parents to file a medical malpractice suit for the death of an infant.
In order to prove medical malpractice, the victim will need to show that the doctor who was at fault did not follow the level of care and consideration expected by another health medical professional in similar circumstances. This includes not being able to identify an illness that is serious, such as low oxygen levels during childbirth that can cause cerebral palsy or brain damage.
The first step in filing a birth defect - www.starryjeju.com - lawsuit is to reach an experienced attorney. Many attorneys provide free consultations and case reviews for prospective clients. If an attorney believes that the claim of a client is legitimate, they will review the medical records of the client, and they will hire experts to analyze them. They can also assist in the preparation of documents and filing the medical malpractice lawsuit on time.
Expert Witnesses
In a case which involves birth injuries, it is essential to be able to have medical experts explain to a jury the medical practices and procedures. Expert witnesses can be difficult since they have to scrutinize a large amount of information to make decisions based on fact rather than opinions. They must also be prepared to testify about facts that might conflict with their beliefs.
In the Daubert case the plaintiffs' experts claimed that Bendectin caused their child's birth defects. The judge concluded that the evidence was on the "cutting edge of research in science, where reality is matched by theory, and certainty turns into probabilities." However the judge did not believe there was sufficient proof that Bendectin doubled a baby's chance of developing birth defects.
The Daubert decision was a setback to plaintiffs who had sued pharmaceutical companies in the hope of obtaining justice. Nonetheless, there are still many ways that an injured person can pursue a birth defect lawsuit.
A Philadelphia birth defect lawyer can assist victims on whether they have a right to sue. A lawyer can decide if an individual plaintiff is eligible to file a suit on their own or as part of a class action. In certain situations lawyers can bring a birth injury lawsuit as part of a multidistrict litigation (MDL). To begin complete the form on this page to request a a free and confidential consultation with a reputable lawyer.
Representation
Although the advancements in technology and advances in medicine have greatly reduced the risk of complications during pregnancy and childbirth, they are not entirely eliminated. When a birth defect or injury occurs and the cause could have been avoided, parents may seek legal action to pay for the costs associated with treatment.
Medical negligence claims tend to be caused by a doctor's inability to identify or treat an illness. For instance, a doctor may fail to conduct an ultrasound screening or make mistakes during surgery, which could result in a birth defect, such as spina bifida. Other common causes of a birth defect lawsuit include an ineffective 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 the body of a baby and affect their health, functioning and appearance. In certain instances, a birth defect can significantly diminish a baby's lifespan or result in significant medical expenses.
If you believe your child's birth defect or injury was due to negligence or medical malpractice during labor or pregnancy get in touch with a reputable birth defect attorney today. A lawyer can assist you in understanding your options and assist you to file a claim prior to the time limit expiring. A lawyer can also negotiate an agreement with the responsible parties for the injury of your infant.
