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How to File a Birth Defect Lawsuit

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

A birth defect lawsuit seeks reimbursement for medical expenses of your child as well as educational costs and other expenses. You must prove that the medical professional involved violated the standard treatment during or prior to the birth or during pregnancy.

Damages

Pregnancy is among the most exciting and stressful times in a parent's life. Parents want their babies to be perfect, and doctors strive to do their best to stop birth defects from happening. Unfortunately, carelessness and negligence on the part of medical professionals can increase the chance of birth injuries and birth defects. When this occurs, a stunned family ought to consider pursuing justice through a birth defect lawsuit.

A successful birth defect lawsuit could result in damages for a variety of different things. This includes the victim's pain and suffering and loss of consortium medical expenses and lost earning capacity. The amount of damages an individual victim will be awarded depends on the degree of the child's health and how much it has affected their standard of living.

Birth injuries and birth defects can be caused by a number of causes which include environmental exposures. Studies have revealed that certain chemicals, like pesticides, fungicides and lead, as well paints, and heavy metals can increase the chances of birth defects. Birth defect lawyers have brought lawsuits against companies that exposed workers to hazardous chemicals, as well as against pharmaceutical companies who have manufactured medications that can cause birth defects in fetuses, such as DES.

If you suspect that your child's birth defect, or birth injury was the result of medical malpractice, it is important to speak with a skilled birth defect lawyer as quickly as you can. In some states, you are given one year to file a lawsuit claiming medical malpractice. If you wait this could mean that your child will not receive the justice they deserve.

Statute of limitations

A statute of limitations is a law that sets the deadline for filing a civil lawsuit. If a person misses the deadline, they lose the right to claim damages from a defendant. Birth injury cases could have more complex statutes of limitations than other types of medical malpractice claims.

A lawsuit is typically filed against the doctor or the hospital who caused the patient's injuries during labor and delivery. These cases are commonly called birthing injuries lawsuits or wrongful birth suits though Florida's laws allow parents to file a medical malpractice suit in the event of a baby's death.

In a case of medical malpractice the victim must prove the at-fault doctor did not adhere to the standard of care and consideration other health care providers would have utilized in similar circumstances. This includes failing in diagnosing an illness of serious severity, such as low levels of oxygen during childbirth that result in brain damage and cerebral palsy.

The first step in filing a birth defect lawsuit is to contact an experienced attorney. A majority of attorneys offer free consultations and case reviews for potential clients. If the attorney is convinced that a client has a valid claim they will look over medical records and appoint experts to evaluate their credibility. They will also assist with the preparation of documents and file the medical malpractice suit on time.

Expert Witnesses

In a birth injury case, it is important to have experts who can explain medical practices and procedures to a jury. Expert witnesses can be difficult since they must carefully examine a large amount of information to be able to make decisions based on fact rather than opinions. They must also be prepared to testify about things that may contradict their opinions.

In the Daubert case, the plaintiffs' experts suggested 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 reality meets theory and the certainty transforms into probabilities." However, the judge did not consider there was enough evidence to prove that Bendectin doubled a baby's risk of developing birth defects.

The Daubert decision was an affront to plaintiffs who had filed suit against pharmaceutical companies in an attempt to get justice. However, there are many ways that an injured person could pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer can assist victims on whether they're eligible for a claim. A lawyer can assist clients determine if they're eligible to file a lawsuit as an individual or a class action. In some cases, a lawyer can bring a birth injury lawsuit as part of multidistrict litigation (MDL). To start, fill out the form here for a free and confidential consultation with a professional lawyer.

Representation

Modern technology and recent advancements in medicine may have decreased the risk of complications that can occur during pregnancy and Birth Defect childbirth but they're not entirely eliminated. When a birth defect or injury occurs and the cause was preventable parents may seek legal action to pay for the costs associated with treatment.

Medical negligence claims are typically result from a doctor's inability diagnose or treat a condition. For instance, a physician might fail to conduct an ultrasound examination or make a mistake during surgery, which could result in a birth defect, such as 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 develops in the womb.

A birth defect law firm defect can affect any part of the body of a baby and impact their health, function and appearance. In certain instances, a birth defect can drastically reduce a baby's life expectancy or result in significant medical expenses.

If you believe your child's birth defect lawsuits defect or injury was caused by medical malpractice or negligent care during labor or birth get in touch with a reputable birth defect lawyer today. A lawyer can help you understand your options and make a claim prior to the statute of limitations expires. A lawyer might also be in a position to negotiate settlements on behalf of you with the parties responsible for your infant's injury.