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How to File a Birth Defect Lawsuit

Modern technology and advancements in medicine have dramatically reduced the risks associated with childbirth. But, a birth defect or injury can still happen frequently.

A birth defect lawsuit seeks reimbursement for your child's medical expenses, educational costs, and other expenses. To be able to file an action, you must demonstrate that medical professionals violated the standard of medical care prior to or during pregnancy, or the birth of your child.

Damages

Pregnancy is one of the most exciting and nerve-wracking experiences a parent can experience. Parents want their babies to be perfect, and doctors strive to do everything they can to prevent birth defects from occurring. Unfortunately, carelessness and negligence on the part of medical professionals can increase the risk of birth injuries and birth defects. If this happens, a stunned family ought to consider pursuing justice through a birth defect lawsuit.

A successful birth defect lawsuit may result in damages for a multitude of different things. This includes pain and suffering for the victim as well as loss of consortium, medical expenses, as well as loss of earning capacity. The amount of damages that the victim will receive is contingent on the severity of the child's medical condition, and how much it has affected their standard of living.

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

If you think your child's birth defect or injury is the result of medical malpractice, you should seek out a skilled birth defect lawyer as quickly as possible. In some states, there is only one year to file a medical negligence suit, and if you wait longer than that could mean losing your chance to get 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 a person to file a civil suit. If a claimant fails to file by the deadline, they will lose their right to recover damages from a defendant. Birth injury claims be more complex in terms of the statute of limitations than other medical malpractice claims.

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

To prove medical negligence, the person who was injured will need to show that the doctor who was at fault was not able to meet the standard of care or consideration expected by another health care provider in similar circumstances. This could include failing to recognize serious conditions like low levels of oxygen in the childbirth process which can lead to cerebral palsy and brain damage.

The first step in filing a birth defect lawsuit is to get in touch with an experienced attorney. Many attorneys provide free consultations to potential clients. If an attorney is convinced that a client's claim is valid they will look over the medical records of the client and hire experts to assess the claims. They can also assist in the preparation of documents and filing the medical malpractice lawsuit on 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 can be difficult as they must carefully examine a large amount of information to be able to make decisions that are based on evidence rather than opinions. Furthermore, they should be willing to testify on facts that could contradict their beliefs.

In the Daubert case, the plaintiffs' experts suggested that Bendectin caused their child's birth defects. The judge ruled 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 believe that there was sufficient proof that Bendectin doubled a baby's risk of developing birth defects.

The Daubert decision was a blow to plaintiffs who had filed suit against pharmaceutical companies in the hope of obtaining justice. But there are numerous avenues that an injured person can pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer can advise victims about whether they have a claim. A lawyer can help clients determine if they're qualified to file an individual lawsuit or a class action. In certain cases an attorney may be able to make a claim for birth injuries as part multidistrict litigation. Complete the form below to get a confidential and free consultation with an attorney.

Representation

Although the advancements in technology and advances in the field of medicine have drastically reduced the chance of complications during pregnancy and childbirth However, they aren't eliminated. When a birth defect or injury occurs, and the cause is preventable, parents may seek 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 might fail to conduct an ultrasound examination or make mistakes during surgery, resulting in a birth defect such as spina bifida. Other common causes of a birth defect lawsuit include an ineffective medication for the mother or exposure to chemicals or other environmental hazards while the baby is developing in the womb.

A birth defect can affect any part of a newborn's body, and affect their health, functioning and appearance. In some instances, a birth defect can drastically reduce a baby's life expectancy or lead to a significant amount of medical costs.

If you think your child's birth defect or injury was the result of medical malpractice or negligent care during labor or pregnancy seek out a qualified birth defect lawyer today. A lawyer can explain your options and assist you make a claim prior the statute of limitation expiring. A lawyer might also be in a position to negotiate a settlement on your behalf with the responsible parties for your child's injuries.