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How to File a Birth Defect Lawsuit

Modern technology and medicine have dramatically decreased the risks of childbirth. But, a birth defect or injury still happens frequently.

A birth defect lawsuit seeks reimbursement for your child's medical expenses as well as educational costs and other losses. To pursue such a claim, you must establish that a medical professional violated the standard of medical care prior to or during pregnancy or during the delivery.

Damages

Pregnancy can be one of the most exciting, yet nerve-wracking experiences in the life of a parent. Parents want their babies to be perfect, and doctors strive to do everything possible to prevent birth defects from occurring. Unfortunately, negligence and carelessness on the part of medical practitioners can increase the chance of birth injuries and birth defects. In the event of this happening the family of the victim should consider seeking justice through a birth defect lawsuit.

A successful birth defect lawsuit may result in damages for a number of different things. This can include pain and suffering for the victim as well as loss of consortium, medical costs, as well as lost earning capacity. The amount of damages that a victim will receive depends on the severity of the child's illness and how much it has affected their standard of life.

Birth injuries and Birth Defect birth defects can be caused by a number of factors which include exposure to environmental factors. Research has shown that certain chemicals like fungicides, pesticides, lead, paints, and heavy metals can increase the chance of birth defects. Birth defect lawyers have filed lawsuits against companies that have exposed workers to these harmful chemicals, and also against pharmaceutical companies who have manufactured drugs that can cause birth defects in fetuses, such as DES.

If you think your child's birth defect, or birth injury was caused by medical malpractice, you should seek out 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 may mean 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 sets the time limit for filing an action in civil court. A person who misses a deadline loses the right to seek damages from a defendant. Birth injury claims have a more complicated statute of limitations than other medical malpractice claims.

A lawsuit is typically filed against the doctor or the hospital who caused the patient's injuries during labor and birth. These cases are commonly known as birthing injury lawsuits or wrongful birth suits, however Florida's laws permit parents to pursue a medical malpractice suit to bring a child's death.

In a medical malpractice case the victim must prove the at-fault doctor did not adhere to the standard of care and consideration that any other medical professional would have used in similar circumstances. This could include failing to recognize a serious condition such as low oxygen levels during 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. Many attorneys provide free consultations and reviews of cases to prospective clients. If an attorney is convinced that the claim of a client is legitimate they will go over the medical records of the client and hire experts to analyze the records. They can also assist in the preparation of documents and file the medical malpractice lawsuit on time.

Expert Witnesses

In a case that involves birth injuries, it's essential to have medical experts that can explain to a jury the medical procedures and practices. Expert witnesses can be difficult to work with since they must scrutinize huge quantities of information and make decisions based upon facts rather than their opinions. They should also be prepared to testify on evidence which may contradict their opinion.

In the Daubert case, the plaintiffs' experts claimed that Bendectin had caused their child's birth defects. The judge concluded 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 believe there was sufficient evidence to support the claim that Bendectin increased the chance of developing birth defects.

The Daubert decision was a blow to plaintiffs who had sued pharmaceutical companies in seeking justice. But there are many avenues for an injured person can pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer can assist victims on whether they have a right to sue. Lawyers can assist plaintiffs determine whether they are eligible to file an individual lawsuit or a class action. In certain cases lawyers can make a claim for birth injury as part a multidistrict lawsuit. Please fill out the form below for a confidential and free consultation with an attorney.

Representation

Although the advancements in technology and developments in the field of medicine have drastically reduced the chance of complications during pregnancy and childbirth but they aren't completely eliminated. When a birth defect or injury occurs, and the cause was preventable, parents can pursue legal action to recover the costs associated with treatment.

Medical negligence cases typically stem from a doctor's failure to properly diagnose or treat a problem. For instance, a doctor may fail to conduct an ultrasound screening or make mistakes during surgery, which could result in a birth defect similar to spina bifida. Other causes for a birth defect lawsuit include an ineffective medication for the mother or exposure to chemicals or other environmental hazards when the baby is developing in the womb.

A birth defect can affect any part of a newborn's body and affect their health, function and appearance. In some cases, a birth defect can dramatically reduce a child's life expectancy or result in significant medical costs.

If you suspect the birth defect or injury was caused by medical malpractice or negligent care during labor or birth seek out a qualified birth defect attorney today. A lawyer can help discover your options and make a claim prior to the statute of limitations runs out. A lawyer can also negotiate a settlement with the responsible parties for the harm to your child.