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How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have significantly reduced the risks associated with childbirth. However, birth defects or injury still occurs frequently.

A birth defect lawsuit seeks to compensate your child for medical expenses, educational costs and other losses. To pursue such a claim, you need to prove that medical professionals did not meet the standard of care before or during pregnancy or delivery.

Damages

Pregnancy is among the most exciting and stressful times in a parent's life. Parents want their babies to be perfect, and doctors do everything possible to avoid birth defects. Inattention to medical issues and negligence can increase the risk for birth defects and injuries. A family that is shocked by this incident should think about seeking legal action for a birth defect.

A successful birth defect suit can result in damages for many different things. This can include pain and suffering for the victim, loss of consortium and medical expenses, not to mention lost earning capacity. The amount of damages the victim will be awarded is contingent on the degree of the child's health and how much it has affected their quality of living.

Environmental exposures can result in birth injuries and mount holly birth defect lawsuit defects. Studies have shown that certain chemicals, like pesticides, fungicides, lead, paints, and heavy metals can increase the chances of birth defects. Birth defect lawyers have filed suits against businesses that have exposed workers to harmful chemicals, and against pharmaceutical companies that have developed medications that can cause birth defects in fetuses, like DES.

If you suspect that medical malpractice caused the birth injury or birth defect, consult a lawyer for birth defects immediately. In certain states, you have only one year to file a medical malpractice lawsuit, and waiting more than that could result in losing the chance to receive the justice you deserve 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 a person misses the deadline, they lose the right to claim 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 doctor or the hospital that caused injuries to a patient during labor and delivery. These cases are commonly referred to as birthing injury lawsuits or wrongful birth suits however Florida's laws permit parents to file a medical malpractice suit for the death of an infant.

In a lawsuit for medical malpractice the plaintiff must prove that the doctor at fault failed to adhere to the standard of care and consideration other health care providers would have followed in similar circumstances. This includes failing to recognize a serious illness, such as low oxygen levels during childbirth which could lead to cerebral palsy and brain damage.

Contacting a qualified attorney is the first step in filing a lawsuit against birth defects. Most attorneys offer free consultations for potential clients. If the lawyer believes that a client has a valid claim they will look into medical records and appoint experts to examine the case. They can also assist in the preparation of documents and filing the medical malpractice lawsuit within time.

Expert Witnesses

In a birth injury case it is essential to have experts who can explain medical procedures and practices before a jury. Expert witnesses can be difficult because they have to carefully review an extensive amount of information to be able to make decisions that are based on evidence rather than opinions. In addition, they must be prepared to testify about information that might contradict their beliefs.

In the Daubert Case, the plaintiffs' expert claimed that Bendectin is the reason for the birth defect of their child. The judge concluded that the evidence was at the "cutting edge of research in science, where reality meets theory and the certainty transforms into probability." However the judge did believe there was enough evidence to prove that Bendectin increased the chance of developing birth defects.

The Daubert decision was a setback to plaintiffs who had filed a lawsuit against pharmaceutical companies seeking justice. There are a variety of avenues for a victim to bring a lawsuit based on the somerville birth defect lawsuit defect.

A Philadelphia birth defect lawyer can assist victims in determining whether they have a case. Lawyers can assist plaintiffs determine whether they are eligible to file a lawsuit on their own or a class action. In certain situations lawyers may be able to start a lawsuit for birth injuries as part of multidistrict lawsuit (MDL). To begin, fill out the form below for a an initial consultation for birth free and confidential with a licensed attorney.

Representation

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

Medical negligence claims are often based on a doctor's failure diagnose or treat a condition. A doctor might not perform an ultrasound or make a mistake during surgery, resulting in a birth defect such as spina bifida. Other common causes of a birth defect lawsuit are inadequate medication for the mother or exposure to chemicals or other environmental hazards when the baby is growing in the womb.

A birth defect could affect any part of the newborn's body which can affect their health, appearance and functionality. In certain cases birth defects can decrease the lifespan of a baby or result in significant medical costs.

Contact a birth defect lawyer now if you believe your child's birth defect or birth injury was caused by medical negligence or carelessness during labor or birth. A lawyer can assist you to understand your options and make a claim prior to the statute of limitations runs out. A lawyer might also be competent to negotiate a settlement on your behalf with the parties responsible for your infant's injury.