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How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have significantly reduced the risks associated with the birth of a child. But, a birth defect or injury is still a common occurrence.

A birth defect lawsuit seeks reimbursement for your child's medical expenses, educational costs, and other expenses. You must prove that the medical professional involved has violated the standard medical care during or before the pregnancy or birth.

Damages

Pregnancy is among the most exciting and stressful times in a parent's life. Parents want their children to be perfect, and doctors attempt to do all they can to prevent birth defects from occurring. However, carelessness and negligence on the part of medical practitioners can increase the risk of birth injuries and birth defects. When this occurs families that are shocked should consider seeking justice through a birth defect lawsuit.

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

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

If you suspect that your child's birth defect, or birth injury is the result of medical malpractice, it is important to consult a reputable birth defect lawyer as quickly as possible. In certain states, you have only one year to file a medical malpractice suit, and if you wait longer than that may mean losing the chance to receive the justice you need for your child's injuries.

Statute of Limitations

A statute of limitations is a law that determines the time limit for a person to file a civil claim. If a claimant fails to file by the deadline, they will lose their right to recover damages from a defendant. Birth injury cases could have more complex statutes of limitations than other types of medical malpractice claims.

A lawsuit is usually filed against the medical professional or hospital that caused a patient's injuries during labor and birth. These types of cases are typically called birthing injury lawsuits or wrongful birth suits however Florida's laws permit parents to file a medical malpractice suit for an infant's death.

In a medical malpractice lawsuit the plaintiff must prove the at-fault doctor did not adhere to the expected level of care and consideration that another health care provider would have applied in similar circumstances. This includes failing to recognize an illness that is serious, for example, low levels of oxygen in the childbirth process that can cause cerebral palsy and brain damage.

The first step in filing a birth defect lawsuit is to contact a skilled attorney. A majority of attorneys offer free consultations and case reviews to potential clients. If an attorney is convinced that a client's claim is valid they will examine the medical records of the client, and they will hire experts to review the records. They can also assist in the preparation of documents and filing the medical malpractice lawsuit within time.

Expert Witnesses

In the case of a birth injury, it is important to have experts who can explain medical procedures and practices before a jury. Expert witnesses aren't easy to work with since they must carefully examine massive amounts of data and make decisions based on evidence rather than opinions. Furthermore, they should be able to testify regarding facts that could contradict their opinions.

In the Daubert case, the plaintiffs' experts argued that Bendectin had caused their child's birth defects. The judge concluded that the evidence was on the "cutting edge of research in science, where fact meets theory, and certainty transforms into probabilities." However, the judge did not believe there was enough evidence to support the claim that Bendectin doubled the chances of developing birth defects.

The Daubert decision was a blow to plaintiffs who had sued pharmaceutical companies in an attempt to get justice. But there are numerous avenues that an injured party may pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer can advise victims about whether they are eligible for a right to sue. A lawyer can help victims determine if they're eligible to file a lawsuit as an individual or a class action. In some instances attorneys can bring a lawsuit on behalf of a birth injury as part an interdistrict litigation. Complete the form below to receive a private and free consultation with an attorney.

Representation

While modern technology and recent advances in medicine have greatly reduced the risk of complications during childbirth and pregnancy but they aren't completely eliminated. When a birth defect or injury occurs and the cause is preventable, parents can pursue legal action to pay for the costs associated with treatment.

Medical negligence claims usually result from a doctor's inability to properly diagnose or treat a problem. For instance, a doctor could neglect to perform an ultrasound test or make a mistake during surgery, resulting in a birth defect like spina bifida. Other common causes of a birth defect lawsuit include inadequate medication for the mother or exposure to chemicals or other environmental hazards while the baby is developing in the womb.

A birth defect can affect any part of the body of a baby and impact their health, function and appearance. In some instances, a birth defect can dramatically reduce a child's life expectancy or result in a significant amount of medical expenses.

If you think the birth defect or injury was the result of medical malpractice or negligent care during labor or birth, contact a qualified birth defect lawyer today. A lawyer can assist you identify your options and make a claim before the time limit expires. A lawyer may also be competent to negotiate the settlement on your behalf with the parties accountable for your infant's injury.