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How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have significantly reduced the risks associated with birth. Birth defects or injuries continue to occur often.

A birth defect lawsuit seeks to recover for medical expenses of your child, educational costs, and other expenses. To be able to file claims, you must demonstrate that a medical professional breached the standard of care before 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 work to do all they can to stop birth defects from happening. Unfortunately, carelessness and negligence on the part of medical practitioners can increase the chance of Birth defect law firms injuries and birth defects. A family that is shocked by this situation should consider taking legal action to remedy a birth defect.

A successful birth defect suit could result in damages for a variety of different things. This can include pain and suffering for the victim as well as loss of consortium, medical expenses, in addition to loss of earning capacity. The amount of damages a victim receives will depend on the severity of their child's condition and the extent to which it has interfered with their daily life.

Environmental exposures can result in birth defects and birth injuries. Studies have proven that pesticides, such as lead and fungicides and 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 toxic chemicals, as well against pharmaceutical companies that have developed medications that can cause birth defects in fetuses such as DES.

If you suspect that your child's birth defect or injury was the result of medical malpractice, it is important to seek out a skilled birth defect lawyer as quickly as you can. In certain states, you have only one year to file a medical malpractice lawsuit, and waiting more than that can mean losing your chance to get the justice you need for your child's injuries.

Statute of limitations

A statute of limitations is a law that establishes the time limit for a person to file a civil action. Anyone who fails to meet the deadline will lose the right to claim damages against a defendant. Birth injury cases can be more complex in terms of the time limit than other medical malpractice claims.

A lawsuit is usually filed against the doctor or hospital that caused an injury to an individual during labor and delivery. These cases are commonly known as birthing injury lawsuits or wrongful birth suits, although Florida's laws allow parents to make a claim for medical malpractice in the event of a baby's death.

In a lawsuit for medical malpractice the victim must prove the at-fault doctor failed to adhere to the standards of care and consideration another health care provider would have followed in similar circumstances. This could include failing to recognize a serious illness, such as low levels of oxygen during childbirth which can lead to cerebral palsy and brain damage.

Contacting a qualified attorney is the first step towards filing a lawsuit against birth defects. Many attorneys provide free consultations to potential clients. If the attorney is convinced that a client has a valid claim they will look over medical records and hire experts to review the evidence. They will also assist in preparing documents and filing the medical malpractice lawsuit within time.

Expert Witnesses

In a case that involves birth injuries, it is vital to be able to have medical experts explain to jurors the medical practices and procedures. Expert witnesses can be difficult since they must scrutinize a vast amount of data in order to make a decision based on fact rather than opinion. In addition, they must be able to testify regarding information that might contradict their positions.

In the Daubert Case the plaintiffs' expert believed that Bendectin is the reason for the birth defect of their child. The judge concluded that the evidence was "at the cutting-edge of scientific research, where evidence meets theories and the certainty is transformed into probabilities." However the judge was not convinced there was enough proof that Bendectin caused birth defects.

The Daubert ruling was a setback to the plaintiffs, who had suing pharmaceutical companies to get justice. There are many avenues for a victim to pursue a lawsuit over the birth defect.

A Philadelphia birth defect lawyer can help victims about whether they are eligible for claims. Lawyers can determine if an individual plaintiff is eligible to file a lawsuit on their own or as part of an action class. In some instances, an attorney can start a lawsuit for birth injuries as part of multidistrict litigation. Fill out the form below to receive a confidential and free consultation with an attorney.

Representation

Modern technology and recent advances in medicine may have decreased the chance of complications occurring during pregnancy and childbirth, but they're not completely eliminated. Parents can pursue legal action if a birth defect or birth injury occurs, and the reason could have been prevented.

Medical negligence claims usually result from a doctor's inability to diagnose or treat a problem. For instance, a physician might fail to conduct an ultrasound examination or make mistakes during surgery, resulting in a birth defect like spina bifida. Other causes for a birth defect lawsuit include improper medication for the mother or exposure to chemicals or other environmental dangers while the baby is developing in the womb.

A birth defect may affect any part of the newborn's body, affecting their appearance, health, and functionality. In some cases, a birth defect can severely reduce a baby's life expectancy, or cause a significant amount of medical expenses.

If you think your child's birth defect or injury is the result of negligence or medical malpractice during labor or birth consult a certified birth defect attorney today. A lawyer can assist you identify your options and make a claim before the statute of limitations expires. A lawyer may also be capable of negotiating settlements on your behalf with the parties responsible for the injury to your child.