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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, educational costs, and other losses. To pursue such claims, you must establish that medical professionals violated the standard of medical care prior to or during pregnancy, or delivery.

Damages

Pregnancy is one of the most exciting and stressful times in a parent's life. Parents want their babies to be perfect, and doctors work to do their best to stop birth defects from occurring. However, carelessness and negligence on the part of medical professionals can increase the chance of birth injuries and birth defects. In the event of this happening families that are shocked ought to consider pursuing justice through a birth defect lawsuit.

A successful birth defect lawsuit can result in damages for a range of different things. This includes the victim's pain and suffering as well as loss of consortium, medical expenses, and loss of earning capacity. The amount of compensation a victim will receive depends on the severity of the child's condition and how it has affected their quality of living.

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

If you suspect that your child's birth defect or injury is the result of medical malpractice, it is important to seek out a skilled birth defect lawyer as soon as possible. In some states, you are given one year to file a lawsuit claiming medical malpractice. If you delay it could mean that your child will never get the justice they deserve.

Statute of limitations

A statute of limitations is a law that defines the time frame for which a person has to file a civil lawsuit. A person who misses the deadline will lose the right to seek damages from a defendant. Birth injury claims can be more complex in terms of the time limit than other medical malpractice claims.

A lawsuit is usually filed against the hospital or doctor that caused injuries to a patient during labor and delivery. These cases can be called birthing injury suits or wrongful birth lawsuits, however Florida's laws allow parents to file a malpractice lawsuit in the event of the death of a child.

In a medical malpractice lawsuit the injured party must prove the at-fault doctor did not adhere to the expected level of care and consideration that another medical professional would have applied in similar circumstances. This includes not being able to identify a serious condition like low levels of oxygen during childbirth that result in brain damage and cerebral palsy.

The first step in filing a birth defect lawsuit is to contact a skilled attorney. Many attorneys provide free consultations and case reviews to prospective clients. If the attorney is convinced that a client has a valid claim, they will look into medical records and appoint experts to examine the evidence. They will also help prepare documents and file the medical malpractice lawsuit on time.

Expert Witnesses

In a case involving 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 as they must scrutinize huge amounts of information and make decisions based on the facts rather than their opinions. They must also be willing to testify on facts which may contradict their opinion.

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 fact is matched by theory, and certainty turns into probabilities." However the judge did consider there was enough proof that Bendectin doubled a baby's chance of developing birth defects.

The Daubert ruling was a setback for the plaintiffs who had sued pharmaceutical companies in order to obtain justice. There are various ways in which an injured person could pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer can provide victims with advice on whether they're eligible for claims. A lawyer can determine whether the plaintiff is eligible to pursue a lawsuit by themselves or as part of an action class. In certain situations lawyers may be able to file a birth injury lawsuit as part of multidistrict lawsuit (MDL). Please fill out the form below to receive a private and free consultation with an attorney.

Representation

Modern technology and recent advances in the medical field may have reduced the chance of complications arising during pregnancy and childbirth, but they're not entirely eliminated. When a birth defect or injury occurs and the cause was preventable, parents can pursue legal action to cover costs associated with treatment.

Medical negligence cases typically stem from a doctor's failure to properly diagnose or treat a condition. For birth defect instance, a physician may not perform an ultrasound screening or make mistakes during surgery, resulting in a birth defect, such as spina bifida. Other causes that can lead to a birth defect lawsuit include inadequate medication for the mother or exposure to chemicals or other environmental hazards as the baby is growing in the womb.

A birth defect can affect any part of a newborn's body, and affect their health, function and appearance. In certain instances, a birth defect can drastically reduce a baby's lifespan or result in an enormous amount of medical costs.

If you believe the birth defect or injury was due to negligence or medical malpractice during labor or birth get in touch with a reputable birth defect lawyer today. A lawyer can help understand your options and make a claim prior to the deadline for filing a claim expires. A lawyer can also negotiate an agreement with the responsible parties for the injuries suffered by your infant.