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How to File a Birth Defect Lawsuit

Modern medical and technological advances have significantly reduced the risk of childbirth. However, birth defects or injury still occurs frequently.

A birth defect lawsuit seeks to recover for medical expenses of your child as well as educational costs and other losses. You must prove that the medical professional you are suing breached the standard of treatment prior to or during the birth or delivery.

Damages

Pregnancy can be one of the most exciting, yet nerve-wracking experiences in the life of a parent. Parents want their babies to be perfect, and doctors strive to do everything possible to prevent birth defects from occurring. Inattention to medical issues and negligence can increase the risk of birth defects and injuries. If this happens, a stunned family should consider seeking justice through a birth defect lawsuit.

A successful birth defect lawsuit could result in damages for a multitude of different things. These include a victim's pain and suffering and loss of consortium, medical expenses and lost earning capacity. The amount of damages a victim receives will depend on the severity of their child's illness and the extent to which it has interfered in their quality of life.

Birth injuries and birth defects can be caused by a number of factors, including exposure to environmental factors. Studies have revealed that certain chemicals like fungicides, pesticides and lead, as well paints and heavy metals may increase the chances of birth defects. Birth defect lawyers have filed lawsuits against companies that have exposed workers to these harmful chemicals, and also against pharmaceutical companies that have developed drugs that could cause birth defects in fetuses like DES.

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

Statute of limitations

A statute of limitations is a law that determines the deadline for when a person is allowed to file a civil lawsuit. If someone misses the deadline, they lose the right to collect damages from a defendant. Birth injury cases have more complicated statutes of limitations than other types of medical malpractice claims.

A lawsuit is typically filed against the medical professional or hospital that caused a patient's injuries during labor and delivery. These types of cases are typically called birthing injury lawsuits or wrongful birth suits though Florida's laws allow parents to bring a medical malpractice lawsuit to bring a child's death.

In a medical malpractice lawsuit, the injured party must prove the at-fault doctor failed to adhere to the standard of care and consideration any other medical professional would have followed in similar circumstances. This could include failing to recognize serious conditions like low oxygen levels during childbirth which can result in cerebral palsy and brain damage.

The first step to file a birth defect lawsuit is to contact a skilled attorney. The majority of lawyers offer free consultations and case review to prospective clients. If the lawyer believes that a client has a valid claim, they will look over medical records and employ experts to evaluate them. They will also assist with the preparation of documents and file the medical malpractice lawsuit on time.

Expert Witnesses

In a case involving a birth injury it is essential to have experts who can explain medical practices and procedures to a jury. However, expert witnesses can be difficult to work with as they have to carefully review huge quantities of information and be able to make decisions based on facts rather than their opinions. They must also be willing to testify about facts that could contradict their beliefs.

In the Daubert Case, the plaintiffs' expert suggested that Bendectin caused the birth defect of their child. The judge concluded that the evidence was "at the cutting-edge of research in science where fact meets theories and the certainty is transformed into probabilities." However the judge did not believe there was enough evidence to conclude that Bendectin caused birth defects.

The Daubert ruling was a setback for plaintiffs, who had filed a lawsuit against pharmaceutical companies in order to obtain justice. However, there are many ways that the injured party could pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer can help victims about whether they are eligible for a claim. A lawyer can help plaintiffs determine whether they are eligible to file an individual lawsuit or a class action. In certain cases, a lawyer can file a birth injury lawsuit as part of multidistrict lawsuit (MDL). To get started complete the form on this page to request a an unreserved and confidential consultation with a reputable lawyer.

Representation

Although the latest technology and lawyers advances in medicine have drastically reduced the chance of complications during pregnancy and childbirth, they are not entirely eliminated. Parents can take legal action if they suffer a birth defect or birth injury occurs, and the reason could have been prevented.

Medical negligence claims typically stem from a doctor's failure to diagnose or treat a condition. Physicians may fail to diagnose an ultrasound or make a mistake during surgery, resulting in birth defects, such as 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 a newborn's body. It can affect their health, function and appearance. In some cases birth defects can significantly diminish a baby's life expectancy, or cause a significant amount of medical costs.

If you believe your child's birth defect or injury was caused by medical malpractice or negligent care during labor or birth consult a certified birth defect lawyer today. A lawyer can assist you identify your options and make a claim before the deadline for filing a claim expires. A lawyer may also be in a position to negotiate settlements on behalf of you with the parties responsible for the injury to your child.