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How to File a Birth Defect Lawsuit

Modern medical and technological advances have significantly decreased the risks of childbirth. But, a birth defect or injury still occurs frequently.

A birth defect lawsuit seeks reimbursement for medical expenses of your child or Birth Defect educational costs, among other expenses. You must prove that the medical professional you are suing violated the standard treatment during or prior to pregnancy or delivery.

Damages

Pregnancy can be one of the most exciting yet nerve-wracking times in a parent's lifetime. Parents want their children to be perfect, and doctors attempt to do everything possible to stop birth defects from happening. However, carelessness and negligence on the part of medical professionals can increase the chance of birth injuries and birth defects. When this occurs families that are shocked might want to pursue justice via a birth defect lawsuit.

A successful birth defect lawsuit may result in damages for a multitude of different things. This includes suffering and pain for the victim as well as loss of consortium and medical expenses, in addition to lost earning capacity. The amount of damages a victim will receive will depend on the degree of their child's health and the extent that it has affected with their quality of life.

Birth injuries and birth defects can be caused by a variety of factors that include environmental exposures. Studies have shown that certain chemicals such as pesticides, fungicides, lead, heavy metals and paints can increase the risk of birth defects. Birth defect lawyers have brought suits against businesses that have exposed workers to these harmful chemicals, and also against pharmaceutical companies who have manufactured drugs that could cause birth defects in fetuses like DES.

If you think your child's birth defect, or birth defect attorneys injury was caused by medical malpractice, it is important to consult a reputable birth defect lawyer as soon as possible. In certain states, there is only one year to file a medical malpractice suit, and waiting any longer 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 defines the time frame for which a person has to file a civil lawsuit. If a person fails to meet the deadline, they will lose their right to recover damages from the defendant. Birth injury claims can be more complex in terms of the time limit than other medical malpractice claims.

A lawsuit is typically filed against the hospital or doctor who caused injury to the patient during labor and birth. These cases are commonly called birthing injury lawsuits or wrongful birth suits, however, Florida's laws permit parents to file a medical malpractice suit for an infant's death.

To prove medical malpractice, the party who suffered will need to show that the doctor responsible didn't adhere to the standard of care and consideration expected by another health healthcare provider in similar situations. This includes failing in diagnosing a serious illness, such as low oxygen levels during childbirth that result in cerebral palsy and brain damage.

The first step to file a birth defect lawsuit is to get in touch with a skilled attorney. The majority of lawyers offer free consultations for potential clients. If the attorney is convinced that a client has a valid case, they will look over medical records and hire experts to examine them. They will also assist in preparing documents and filing the medical malpractice lawsuit in time.

Expert Witnesses

In a case which involves birth injuries, it is vital to have medical experts who can explain to jurors the medical practices and procedures. Expert witnesses can be difficult as they have to scrutinize a vast amount of data to be able to make decisions that are based on evidence rather than opinions. They also have to be willing to testify on evidence that might contradict their opinion.

In the Daubert case, the plaintiffs' experts claimed that Bendectin caused their child's birth defects. The judge found that the evidence was at the "cutting edge of research in science, where fact meets theory and the certainty transforms into probabilities." However the judge did not believe there was sufficient evidence to support the claim that Bendectin doubled the chances of developing birth defects.

The Daubert ruling was a setback for plaintiffs, who had suing pharmaceutical companies to try and get justice. Nonetheless, there are still numerous avenues that an injured person can pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer can assist victims about whether they have a claim. A lawyer can help plaintiffs determine whether they are qualified to file a lawsuit on their own or a class action. In certain cases lawyers can bring a birth injury lawsuit as part of multidistrict lawsuit (MDL). Fill out the form to receive a confidential and free consultation with an attorney.

Representation

While modern technology and recent advances in medicine have greatly reduced the risk of complications during pregnancy and childbirth, they are not entirely eliminated. When a birth defect or injury occurs, and the cause was preventable parents can seek legal action to pay for the costs related to treatment.

Medical negligence claims are usually due to a doctor's failure to identify or treat an illness. For instance, birth defect a doctor may not perform an ultrasound screening or make a mistake during surgery, which could result in a birth defect such as spina bifida. Other causes for a birth defect lawsuit include insufficient medication for the mother or exposure to chemicals or other environmental dangers while the baby is developing in the womb.

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

If you think your child's birth defect or injury was due to medical malpractice or negligent care during labor or pregnancy consult a certified birth defect lawyer today. A lawyer can assist you in understanding your options and help make a claim prior the statute of limitations expiring. A lawyer can also negotiate an agreement with the responsible parties for the injuries suffered by your child.