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How to File a Birth Defect Lawsuit

Modern medicine and technology have greatly reduced the risks of childbirth. Birth defects or injuries still occur often.

A birth defect lawsuit seeks to recover for your child's medical expenses as well as educational costs and other losses. To pursue such a claim, you must demonstrate that a medical professional did not meet the standard of care prior to or during pregnancy or delivery.

Damages

Pregnancy is among the most exciting and stressful moments in the life of a mother. Parents want their babies to be perfect, and doctors attempt to do all they can to stop birth defects from happening. Medical negligence and carelessness can increase the risk for Defect birth defects and injuries. A family that is stricken by this news should think about taking legal action to remedy a birth defect.

A successful birth defect suit can result in damages for many different things. These include the victim's suffering and suffering and loss of consortium medical expenses and lost earning capacity. The amount of damages a victim will receive will depend on the degree of their child's health and the extent that it has affected in their quality of life.

Birth defects and birth injuries can be caused by a variety of factors that include environmental exposures. Research has shown that certain chemicals like fungicides, pesticides, lead, paints and heavy metals may increase the chances of birth defects. Birth defect lawyers have brought lawsuits against companies that have exposed workers to these harmful chemicals, and also against pharmaceutical companies who have manufactured drugs that could cause birth defects in fetuses like DES.

If you think your child's birth defect or birth injury was the result of medical negligence, you must consult a reputable birth defect lawyer as soon as possible. In some states, there is only one year to file a medical negligence suit, and waiting longer than that could result in losing your chance to obtain the justice you have earned for your child's injury.

Statute of limitations

A statute of limitations is a law that establishes the deadline for an individual to file a civil lawsuit. If a claimant fails to file by the deadline, they will lose their right to seek damages from the defendant. Birth injury cases have more complicated statutes of limitations than other types of medical malpractice cases.

A lawsuit is typically filed against the hospital or doctor that caused injuries to a patient during labor and delivery. These cases are sometimes known as birthing injuries lawsuits or wrongful birth lawsuits, however Florida's laws allow parents to file a malpractice suit for the death of an infant.

In order to prove medical negligence, the person who was injured must prove that the doctor at fault was not able to meet the level of care and consideration expected by another health healthcare provider in similar situations. This includes failing to diagnose a serious condition like low levels of oxygen in the childbirth process that result in brain damage and cerebral palsy.

A qualified attorney should be the first step towards filing a lawsuit for birth defects. The majority of lawyers offer free consultations to prospective clients. If an attorney believes that the claim of a client is legitimate they will look over the medical documents of the client and hire experts to analyze the claims. They will also help prepare documents and file the medical malpractice lawsuit within the timeframe.

Expert Witnesses

In the case of a birth injury it is essential to have experts who can explain medical procedures and practices to a jury. Expert witnesses can be difficult to testify because they have to carefully review the vast amount of information to make decisions based on fact rather than opinion. They must also be willing to provide evidence on matters that may conflict with their opinion.

In the Daubert case, the plaintiffs' experts claimed that Bendectin contributed to the birth defects of their child. The judge concluded that the evidence was "at the forefront of scientific research where fact meets theories and certainty dissolves into probabilities." However, he did not believe there was enough evidence to conclude that Bendectin caused birth defects.

The Daubert ruling was a setback to the plaintiffs, who had sued pharmaceutical companies to obtain justice. There are numerous avenues that the injured party could pursue a lawsuit for birth defects.

A Philadelphia birth defect lawyer can help victims determine whether they have a case. Lawyers can assist plaintiffs determine whether they are qualified to file a personal lawsuit or a class action. In some cases a lawyer may bring a birth injury lawsuit as part of multidistrict lawsuit (MDL). To get started you must fill out the form on this page to request a an initial consultation for free and confidential with a qualified lawyer.

Representation

Although the latest technology and developments in the field of medicine have significantly reduced the risk of complications during childbirth and pregnancy however, they are not completely eliminated. Parents may pursue legal action if they suffer a birth injury or defect occurs, and the reason could have been prevented.

Medical negligence claims usually stem from a doctor's failure to diagnose or treat a condition. Physicians may not perform an ultrasound or make a mistake during surgery, resulting in birth defects like spina bifida. Birth defects can be caused by the wrong medication that is taken by the mother or exposure to chemicals or other environmental dangers during the child's development in the womb.

A birth defect can affect any part of the body of a baby and affect their health, performance and appearance. In certain cases birth defects can shorten the life expectancy of a newborn or lead to significant medical costs.

If you believe your child's birth defect or injury is the result of negligence or medical malpractice during pregnancy or labor get in touch with a reputable birth defect lawyer today. A lawyer can provide you with your options and help file a claim prior to the time limit expiring. A lawyer might also be in a position to negotiate a settlement on behalf of you with the parties responsible for your infant's injury.