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How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have drastically reduced the risks associated with birth. But, a birth defect or injury still happens frequently.

A birth defect lawsuit seeks compensation for medical expenses of your child or educational costs, among other losses. To pursue such claims, you must prove that medical professionals violated the standard of care prior to or during pregnancy, or the birth of your child.

Damages

Pregnancy can be one of the most exciting yet nerve-wracking times during the lifetime of a parent. Parents want their children to be perfect, and doctors try to do everything possible to stop birth defects from occurring. Unfortunately, negligence and carelessness on the part of medical practitioners can increase the risk of birth injuries and birth defects. If this happens the family of the victim ought to consider pursuing justice through a birth defect lawsuit.

A successful birth defect lawsuit can result in damages for a number of different things. This can include pain and suffering for the victim along with loss of consortium and medical expenses, not to mention loss of earning capacity. The amount of the damages a victim is awarded will depend on the severity of their child's medical condition and the extent to which it has impacted with their quality of life.

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

If you suspect that your child's birth defect, or birth injury was the result of medical negligence, you must seek out a skilled birth defect lawyer as soon as you can. In some states, you only have one year to file a lawsuit for medical malpractice. If you put off filing a lawsuit for a longer period it could mean that your child will never receive the justice they deserve.

Statute of limitations

A statute of limitations is a law which 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 seek damages from a defendant. Birth injury cases have more complicated statutes of limitations than other types of medical malpractice cases.

A lawsuit is usually filed against the doctor or hospital who caused the patient's injuries during labor and delivery. These cases are often referred to birthing injury suits or wrongful birth lawsuits however, Florida's laws allow parents to file a malpractice suit in the event of the death of an infant.

In order to prove medical negligence, the person who was injured will need to show that the doctor responsible didn't adhere to the standards of care and consideration required by a different health healthcare provider in similar circumstances. This includes failing to diagnose an illness that is serious, for example, low oxygen levels in childbirth which could lead to cerebral palsy and brain damage.

The first step to file a birth defect lawsuit is to reach a skilled attorney. Most attorneys offer free consultations to prospective clients. If an attorney believes that the claim of a client is legitimate they will look over the medical records of the client and employ experts to evaluate the claims. They can also assist in the preparation of documents and filing the medical malpractice lawsuit in time.

Expert Witnesses

In the case of a birth injury it is essential to have experts who can explain medical practices and procedures before a jury. Expert witnesses aren't easy to work with because they have to carefully review huge quantities of information and make decisions based on the facts rather than their opinions. In addition, they must be willing to testify about information that might contradict their positions.

In the Daubert case, the plaintiffs' experts argued that Bendectin was the cause of their child's birth defects. The judge ruled that the evidence was at the "cutting edge of scientific research, where fact meets theory, and certainty transforms into probability." However the judge did believe there was enough evidence to support the claim that Bendectin doubled a baby's chance of developing birth defects.

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

A Philadelphia birth defect lawyer can provide victims with advice about whether they have an opportunity to file a claim. A lawyer can determine if the plaintiff is eligible to file a lawsuit on their own or as part of a class action. In certain situations, a lawyer can file a birth injury lawsuit as part of a multidistrict litigation (MDL). To get started, fill out the form below for a an initial consultation for free and confidential with a professional lawyer.

Representation

Modern technology and recent advances in the field of medicine could have reduced the risk of complications that can occur during pregnancy and childbirth, but they're still not completely eliminated. When a birth defect or injury occurs, and the cause is preventable, parents can seek legal action to cover costs associated with treatment.

Medical negligence cases typically stem from a doctor's failure to identify or treat a condition. For instance, a physician might fail to conduct an ultrasound exam or make mistakes during surgery, which could result in a birth defect similar to spina bifida. Other causes that can lead to a birth defect lawsuit include inadequate medication for the mother or exposure to chemicals or other environmental dangers while the baby is growing in the womb.

A birth defect can affect any part of a newborn's body and affect their health, performance and appearance. In some cases, a birth defect can drastically reduce a baby's life expectancy or lead to an enormous amount of medical expenses.

If you believe your child's birth defect; read this post from m1bar.com, or birth defect injury was caused by medical malpractice or negligent care during pregnancy or labor seek out a qualified birth defect lawyer today. A lawyer can provide you with your options and assist you to submit a claim prior to the time limit expiring. A lawyer may also be in a position to negotiate the settlement on your behalf with the responsible parties for the injury to your child.