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How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have greatly reduced the risk of birth. However, birth defects or injury still happens frequently.

A birth defect lawsuit seeks to compensate your child for medical expenses, education costs, and other losses. You must prove that the medical professional involved breached the standard of treatment prior to or during the pregnancy or birth.

Damages

Pregnancy is one of the most exciting and nerve-wracking moments in the life of a parent. Parents want their babies to be perfect and doctors do everything possible to avoid birth defects. However, carelessness and negligence on the part of medical practitioners can increase the risk of birth defects and injuries. When this occurs families that are shocked might want to pursue justice via a birth defect lawsuit.

A successful birth defect suit could result in damages for a variety of different things. This includes suffering for the victim, loss of consortium and medical expenses, as well as lost earning capacity. The amount of damages that an individual victim will be awarded depends on the severity of the child's illness, and how much it has affected their quality of living.

Environmental exposures can result in birth defects and birth injuries. Studies have shown that pesticides like fungicides and lead, as well heavy metals, paints, and heavy metals, may increase the risk of birth defects. Birth defect lawyers have filed lawsuits against companies that have exposed workers to toxic chemicals, as well against pharmaceutical companies who have manufactured medications that can cause birth defects in fetuses like DES.

If you suspect that medical malpractice caused the birth injury or birth defect, you should seek out a birth defect lawyer immediately. In certain states, you only have one year to file a medical malpractice suit, and waiting any longer than that could result in losing your chance to obtain the justice you need for your child's injuries.

Statute of Limitations

A statute of limitations is a law that defines the time limit for an individual to file a civil lawsuit. If a person fails to meet the deadline, they lose their right to recover damages from a defendant. Birth injury claims have a more complicated statute of limitations than other medical malpractice claims.

A lawsuit is usually filed against the medical professional or hospital who caused the patient's injuries during labor and birth. These cases are usually known as birthing injury lawsuits or wrongful birth suits, although Florida's laws allow parents to bring a medical malpractice lawsuit for the death of an infant.

To prove medical negligence, the person who was injured must prove that the doctor who was at fault didn't adhere to the standard of care or consideration required by a different health care provider in similar circumstances. This includes failing to diagnose an illness that is serious like low oxygen levels during childbirth that cause cerebral palsy or brain damage.

A qualified attorney should be the first step to filing a lawsuit for birth defects. The majority of lawyers offer free consultations and case review to prospective clients. If the lawyer believes that a client has a valid claim, they will review medical records and employ experts to review them. They can also assist in the preparation of documents and filing the medical malpractice lawsuit in time.

Expert Witnesses

In a case that involves birth injuries, it is crucial to have medical experts who can provide a jury with the medical procedures and practices. Expert witnesses can be difficult to work with as they must carefully examine massive amounts of data and be able to make decisions based upon facts rather than opinions. They should also be able to testify about facts that could contradict their beliefs.

In the Daubert Case the plaintiffs' expert believed that Bendectin was responsible for their child's birth defect. The judge concluded that the evidence was "at the cutting edge of scientific research, where science meets theories, and certainty dissolves into probabilities." However, he did not believe there was enough evidence that Bendectin caused birth defects.

The Daubert decision was a blow to plaintiffs that had sued pharmaceutical companies in an effort to obtain justice. There are many avenues for an injured party may pursue a lawsuit for birth defects.

A Philadelphia birth defect lawyer can assist those suffering from birth defects to determine whether they're eligible for a claim. A lawyer can determine if the plaintiff is eligible to file a lawsuit individually or as part of a class action. In certain instances, a lawyer can file a birth injury lawsuit as part of multidistrict litigation (MDL). To get started you must fill out the form on this page to request a an unreserved and confidential consultation with a qualified lawyer.

Representation

Although the latest technology and advances in the field of medicine have drastically reduced the chance of complications during childbirth and pregnancy However, they aren't eliminated. Parents may pursue legal action if they suffer a birth injury or defect occurs, and the cause could have been prevented.

Medical negligence claims tend to be due to a doctor's failure to identify or treat an illness. For example, a physician could neglect to perform an ultrasound examination or make an error during surgery, which could result in a birth defect like spina bifida. Other causes for birth defect lawsuits include an ineffective medication for the mother or exposure to chemicals or other environmental hazards as the baby is growing in the womb.

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

If you think your child's birth defect or injury was due to medical malpractice or negligent care during labor or birth seek out a qualified birth defect attorney today. A lawyer can help explain your options and assist you make a claim prior the statute of limitation expiring. A lawyer may also be capable of negotiating a settlement on behalf of you with the parties responsible for your infant's injury.