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How to File a Birth Defect Lawsuit

Modern technology and medicine have dramatically reduced the risks of childbirth. But, a birth defect or injury still happens frequently.

A birth defect lawsuit seeks reimbursement for your child's medical expenses, educational costs, and other expenses. You must prove that the medical professional in question has violated the standard medical treatment prior to or during the birth 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 everything possible to stop birth defects from happening. Unfortunately, carelessness and negligence on the part of medical professionals can increase the chance of birth injuries and birth defects. When this occurs, a stunned family ought to consider pursuing justice through a birth defect lawsuit.

A successful birth defect lawsuit could result in damages for a number of different things. This includes suffering for the victim, loss of consortium and medical costs, as well as loss of earning capacity. The amount of compensation the victim will receive is contingent on the severity of the child's illness and how it has affected their quality of living.

Birth injuries and birth defects can be caused by a variety of causes such as environmental exposures. Research has shown that certain chemicals, like fungicides, pesticides lead, paints and heavy metals can increase the chance 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 medications that can cause birth defects in fetuses such as DES.

If you suspect that your child's birth defect, or birth injury was caused by medical malpractice, it is important to speak with a skilled birth defect lawyer as quickly as you can. In some states, you have only one year to file a suit for medical malpractice. If you wait longer, it could mean that your child will never receive the justice they deserve.

Statute of limitations

A statute of limitations is a law that establishes the time limit for a person to file a civil lawsuit. If a person misses the deadline, they will lose the right to claim damages from a defendant. Birth injury claims may 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 birth. These cases can be referred to as birthing injury lawsuits or wrongful birth lawsuits, although Florida's laws permit parents to file a malpractice lawsuit in the event of the death of a baby.

In a lawsuit for medical malpractice the plaintiff must prove that the doctor at fault did not follow the expected level of care and consideration that another medical professional would have followed in similar circumstances. This includes not being able to identify an illness that is serious like low levels of oxygen in the childbirth process that cause brain damage and cerebral palsy.

The first step to file a birth defect lawsuit is to reach a skilled attorney. Many attorneys provide free consultations and birth defect case reviews for prospective clients. If an attorney believes that the claim of a client is valid they will look over the medical records of the client and hire experts to review the evidence. They will also assist in preparing documents and file the medical malpractice lawsuit within the timeframe.

Expert Witnesses

In a birth injury case, it is important to have experts who can explain medical procedures and practices to jurors. However, expert witnesses aren't easy to work with as they must be able to scrutinize massive amounts of evidence and be able to make decisions based on the facts rather than their opinions. They also have to be willing to provide evidence on matters which may contradict their opinion.

In the Daubert case, the plaintiffs' experts argued that Bendectin was the cause of their child's birth defects. The judge found that the evidence was at the "cutting edge of scientific research, where evidence meets theory, and certainty transforms into probabilities." However, the judge did not believe that there was sufficient evidence to support the claim that Bendectin doubled a baby's chance of developing birth defects.

The Daubert decision was a blow to plaintiffs that had filed suit against pharmaceutical companies in seeking justice. But there are many avenues for an injured person could pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer can provide victims with advice about whether they are eligible for a claim. A lawyer can assist victims determine if they're eligible to file an individual lawsuit or a class action. In some cases, an attorney can start a lawsuit for birth injuries as part of a multidistrict lawsuit. Complete the form below for a confidential and free consultation with an attorney.

Representation

While modern technology and recent advancements in the medical field have significantly reduced the risk of complications during childbirth and pregnancy However, they aren't eliminated. When a birth defect or injury occurs and the cause was preventable parents may seek legal action to pay for the costs related to treatment.

Medical negligence cases typically result from a doctor's inability to recognize or treat a condition. For example, birth defect a physician might fail to conduct an ultrasound test or make a mistake during surgery, resulting 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 as the baby develops 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 lead to an enormous amount of medical costs.

If you believe your child's birth defect or injury is the result of negligence or medical malpractice during labor or pregnancy, contact a qualified birth defect attorney today. A lawyer can assist you in understanding your options and assist you to submit a claim prior to the statute of limitation expiring. A lawyer can also negotiate an agreement with the parties responsible for the injuries suffered by your child.