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How to File a Birth Defect Lawsuit

Modern medical and technological advances have significantly decreased the risks of childbirth. But, a birth defect law firm defect or injury is still a common occurrence.

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

Damages

Pregnancy is one of the most exciting and stressful moments in the life of a mother. Parents want their babies to be perfect, and doctors try to do everything they can to prevent birth defects from occurring. However, carelessness and negligence on the part of medical professionals can increase the risk of birth injuries and birth defects. When this happens families that are shocked may want to seek justice through a birth defect lawsuit.

A successful birth defect lawsuit could result in damages for a range of different things. This includes suffering and pain for the victim, loss of consortium and medical expenses, not to mention loss of earning capacity. The amount of compensation the victim will be awarded is contingent on the severity of the child's condition and how it has affected their quality of living.

Birth injuries and birth defects can be caused by a number of factors, including environmental exposures. Studies have revealed that certain chemicals such as pesticides, fungicides and lead, as well paints and heavy metals may increase the risk of birth defects. Birth defect lawyers have brought suits against businesses that have exposed workers to these toxic chemicals, as well against pharmaceutical companies who have manufactured medications that can cause birth defects in fetuses, like DES.

If you suspect that your child's birth defect, or birth injury is the result of medical malpractice, you should consult a reputable 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 birth defect 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 that defines the time limit for a person to file a civil suit. A person who misses a deadline will lose the right to seek damages from a defendant. Birth injury cases may have more complicated statutes of limitations than other types of medical malpractice claims.

A lawsuit is usually brought against the doctor or hospital that caused an injury to a patient during labor birth defect and birth. These cases are often known as birthing injuries suits or wrongful birth lawsuits, although Florida's laws permit parents to file a malpractice suit for the death of a child.

To prove medical negligence, the person who was injured must prove that the doctor responsible was not able to meet the level of care and consideration required by a different health healthcare provider in similar circumstances. This includes failing to diagnose a serious condition for example, low levels of oxygen during childbirth that result in brain damage and cerebral palsy.

The first step to file a birth defect lawsuit is to get in touch with an experienced attorney. Many attorneys provide free consultations for potential clients. If the attorney believes that a client has a valid case, they will examine medical records and hire experts to examine 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 essential 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 make decisions based on fact rather than opinion. They also have to be willing to provide evidence on matters that might contradict their position.

In the Daubert case, the plaintiffs' experts claimed that Bendectin caused their child's birth defects. The judge concluded that the evidence was on the "cutting edge of research in science, where fact meets theory and certainty dissolves into probabilities." However, the judge did not consider there was enough evidence to support the claim that Bendectin doubled the chances of developing birth defects.

The Daubert ruling was a setback to the plaintiffs, who had suing pharmaceutical companies to obtain justice. However, there are numerous avenues that an injured person could pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer can provide victims with advice about whether they have claims. A lawyer can decide if an individual plaintiff is eligible to file a lawsuit individually or as part of an action class. In some cases lawyers may be able to bring a birth injury lawsuit as part of a multidistrict litigation (MDL). Fill out the form below to receive a private and free consultation with an attorney.

Representation

Modern technology and recent advancements in medicine may have reduced the chance of complications occurring during childbirth and pregnancy, but they're still not completely eliminated. When a birth defect or injury occurs, and the cause was preventable, parents can pursue legal action to cover the costs associated with treatment.

Medical negligence claims are often based on a doctor's failure diagnose or treat a disease. For example, a physician may fail to conduct an ultrasound exam 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 insufficient medication for the mother or exposure to chemicals or other environmental hazards when 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 certain instances, a birth defect can significantly diminish a baby's life expectancy or result in significant medical costs.

If you think your child's birth defect or injury was caused by medical malpractice or negligent care during labor or pregnancy get in touch with a reputable birth defect lawyer today. A lawyer can explain your options and assist you to make a claim prior the statute of limitation expiring. A lawyer can also negotiate a settlement with the parties responsible for the injury suffered by your child.