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How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have drastically reduced the risk of birth. Birth defects or injuries still occur often.

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

Damages

Pregnancy is one of the most exciting and stressful experiences a parent can experience. Parents want their babies to be perfect and doctors do their best to prevent birth defects. Unfortunately, negligence and carelessness on the part of medical practitioners can increase the chance of birth defects and injuries. A family that is shocked by this incident should think about seeking legal action for a birth defect.

A successful birth defect lawsuit can result in damages for a variety of different things. These include the victim's pain and suffering and loss of consortium, medical expenses, and loss of earning capacity. The amount of damages a victim receives will depend on the severity of their child's condition and the extent to which it has impacted with their quality of life.

Environmental exposures can lead to birth injuries and birth defects. Studies have proven that pesticides, including lead and fungicides as well as heavy metals, paints, and heavy metals, could increase the risk 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, such as DES.

If you suspect that medical malpractice caused the birth injury of your child or birth defect, it is recommended to consult a lawyer for birth defects immediately. In some states, you have only one year to file a medical malpractice suit, and if you wait longer than that could mean losing your chance of getting the justice you are due for the injury your child sustained.

Statute of Limitations

A statute of limitation is a law that sets the deadline for filing an action in civil court. A person who misses a deadline will lose the right to pursue a defendant for damages. Birth injury cases have more complicated statutes of limitations than other kinds of medical malpractice claims.

A lawsuit is usually brought against the doctor or hospital that caused an injury to patients during labor or birth. These types of cases are typically known as birthing injury lawsuits or wrongful birth suits however, Florida's laws permit parents to bring a medical malpractice lawsuit for the death of an infant.

In a case of medical malpractice the plaintiff must prove the at-fault doctor was not adhering to the standard of care and consideration other health care providers would have followed in similar circumstances. This includes not being able to identify an illness of serious severity, such as low levels of oxygen in the childbirth process that result in brain damage and cerebral palsy.

Contacting a qualified attorney is the first step in filing a lawsuit against birth defect lawyers defects. The majority of lawyers offer free consultations to potential clients. If the attorney believes a client has a valid claim, they will look into medical records and hire experts to review them. They will also assist with the preparation of documents and file the medical malpractice lawsuit within the timeframe.

Expert Witnesses

In a case involving birth injuries it is crucial to have experts who can explain medical practices and procedures before a jury. Expert witnesses can be difficult to work with because they must be able to scrutinize massive amounts of data and be able to make decisions based on evidence rather than their opinions. They also have to be willing to testify about facts that might contradict their position.

In the Daubert case the plaintiffs' experts suggested that Bendectin caused the birth defects of their child. The judge concluded that the evidence was "at the forefront of scientific research where fact meets theories and the certainty is transformed into probabilities." However he was not convinced there was enough evidence that Bendectin caused birth defects.

The Daubert decision was a setback to plaintiffs who had filed a lawsuit against pharmaceutical companies an effort to obtain justice. However, there are many avenues for an injured party may pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer can help victims determine whether they're eligible for a claim. A lawyer can assist plaintiffs determine if they are qualified to file a lawsuit on their own or a class action. In some cases a lawyer may bring a birth injury lawsuit as part of multidistrict lawsuit (MDL). Complete the form below for a confidential and free consultation with an attorney.

Representation

Modern technology and recent advances in medical technology may have reduced the chance of complications occurring during pregnancy and childbirth but they are not completely eliminated. If a birth defect injury occurs and the cause was preventable, parents may seek legal action to cover the costs associated with treatment.

Medical negligence claims are often based on a doctor's failure identify or treat an illness. A doctor may fail to perform an ultrasound or make a mistake in surgery, resulting in birth defects like spina bifida. Birth defects can be caused by the wrong medication taken by the mother or exposure to chemicals or other environmental dangers that can affect the development of the baby in the womb.

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

If you believe the birth defect or injury was due to negligence or medical malpractice during labor or pregnancy seek out a qualified birth defect lawyer today. A lawyer can provide you with your options and help make a claim before the deadline for filing. A lawyer can also negotiate an agreement with the responsible parties for the injury suffered by your infant.