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How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have greatly reduced the risks associated with birth. But, a birth defect 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. To pursue such a claim, you need to demonstrate that medical professionals did not meet the standard of care prior to or during pregnancy, or the birth of your child.

Damages

Pregnancy is among the most exciting and nerve-wracking experiences a parent can experience. Parents want their babies to be perfect, and doctors try to do everything they can to prevent birth defects from happening. Unfortunately, negligence and carelessness on the part of medical professionals can increase the chance of birth injuries and birth defects. If this happens the family of the victim may want to seek justice through a birth defect lawsuit.

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

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

If you believe that your child's birth defect, or birth injury is the result of medical negligence, you must speak with a skilled birth defect lawyer as soon as possible. In certain states, you have only one year to file a medical negligence suit, and waiting longer than that could result in losing your chance to obtain the justice you are due for Birth Defect the injury your child sustained.

Statute of Limitations

A statute of limitations is a law which defines the time limit for a person to file a civil suit. If a claimant fails to file by the deadline, they lose their right to recover 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 the hospital that caused injuries to a patient during labor and birth. These cases can be called birthing injury suits or wrongful birth lawsuits, although Florida's laws permit parents to file a malpractice suit for the death of a baby.

In order to prove medical malpractice, the victim will need to show that the doctor at fault did not follow the standard of care or consideration expected by another health medical professional in similar circumstances. This includes failing to diagnose serious conditions like low oxygen levels in childbirth which can lead to cerebral palsy and brain damage.

The first step to file a birth defect lawsuit is to get in touch with an experienced attorney. The majority of lawyers offer free consultations and case reviews to prospective clients. If an attorney believes the client's claim is legitimate they will look over the medical documents of the client and Birth Defect hire experts to assess the evidence. They will also assist with the preparation of documents and file the medical malpractice lawsuit in time.

Expert Witnesses

In the case of a birth injury it is crucial to have experts who can explain medical procedures and practices to jurors. Expert witnesses aren't easy to work with because they must carefully examine massive amounts of information and be able to make decisions based upon facts rather than opinions. They also have to be willing to testify about facts that could contradict their position.

In the Daubert case the plaintiffs' experts argued that Bendectin had 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 probability." However the judge did not believe that there was sufficient evidence that Bendectin doubled a baby's chance of developing birth defects.

The Daubert decision was a blow to plaintiffs who had filed lawsuits against pharmaceutical companies in an effort to obtain justice. However, there are many ways that the injured party could pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer can assist victims about whether they have claims. A lawyer can assist clients determine if they're qualified to file a lawsuit as an individual or a class action. In certain cases attorneys can file a lawsuit for birth injuries as part an interdistrict litigation. Complete the form below to get a confidential and free consultation with an attorney.

Representation

Although the advancements in technology and advances in the field of medicine have greatly 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 recover the costs associated with treatment.

Medical negligence claims usually stem from a doctor's failure to properly diagnose or treat a condition. For instance, a doctor may not perform an ultrasound test or make mistakes during surgery, resulting in a birth defect like spina bifida. Other common causes of a birth defect lawsuit include inadequate 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, performance and appearance. In certain instances, a birth defect can significantly diminish a baby's life expectancy or result in a significant amount of medical expenses.

If you suspect that your child's birth defect or injury is the result of medical malpractice or negligent care during labor or birth, contact a qualified birth defect attorney today. A lawyer can assist you identify your options and submit a claim before the statute of limitations runs out. A lawyer can also negotiate a settlement with the parties accountable for the injury suffered by your child.