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How to File a Birth Defect Lawsuit

Modern technology and advancements in medicine have dramatically reduced the risk of the birth of a child. Birth defects or injuries continue to occur frequently.

A birth defect lawsuit seeks compensation for your child's medical expenses education costs, as well as other losses. You must prove that the medical professional in question did not follow the standard of treatment during or prior to pregnancy or delivery.

Damages

Pregnancy can be one of the most exciting, but nerve-wracking moments in the life of a parent. Parents want their children to be perfect, and doctors work to do all they can to stop birth defects from occurring. Medical negligence and carelessness could increase the risk for birth defects and injuries. Families who are shocked by this situation should consider seeking legal action for a birth defect.

A successful birth defect lawsuit can result in damages for a multitude of different things. This includes pain and suffering for the victim, loss of consortium and medical expenses, not to mention loss of earning capacity. The amount of the damages a victim is awarded will depend on the degree of their child's health and the extent to which it has interfered in their quality of life.

Birth defects and birth injuries can be caused by a number of factors that include environmental exposures. Studies have shown that pesticides, such as fungicides and lead as well as paints, heavy metals and heavy metals can increase the risk of birth defects. Birth defect lawyers have filed lawsuits against companies who exposed workers to harmful chemicals as well as pharmaceutical companies that make drugs such as DES that can cause birth deformities in fetuses.

If you believe that your child's birth defect or birth injury was caused by medical malpractice, it is important to seek out a skilled birth defect lawyer as quickly as possible. In certain states, you have only one year to file a medical negligence suit, and waiting any longer than that could result in losing the chance to receive the justice you have earned for your child's injury.

Statute of limitations

A statute of limitation is a law that sets the time limit for a person to file a civil lawsuit. Anyone who fails to meet a deadline loses the right to pursue a defendant for damages. Birth injury cases have more complicated statutes of limitations than other types of medical malpractice claims.

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

In order to prove medical malpractice, the party who suffered will need to show that the doctor at fault didn't adhere to the standard of care or consideration expected by another health healthcare provider in similar situations. This includes failing to diagnose an illness that is serious, 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 to file an action for birth defects. Most attorneys offer free consultations to potential clients. If an attorney believes a client's claim is valid they will examine the medical records of the client and hire experts to assess the records. They will also assist in preparing documents and file the medical malpractice suit 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 because they must carefully examine a large amount of information to be able make decisions in accordance with facts rather than opinion. They should also be able to provide evidence on matters that might contradict their beliefs.

In the Daubert case, the plaintiffs' experts claimed that Bendectin contributed to the birth defects of their child. The judge found that the evidence was at the "cutting edge of research in science, where reality meets theory, and certainty transforms into probability." However, the judge did not believe there was sufficient proof that Bendectin increased the chance of developing birth defects.

The Daubert decision was a setback to plaintiffs who had filed suit against pharmaceutical companies in the hope of obtaining justice. But there are various ways in which an injured person can pursue a lawsuit for birth defects.

A Philadelphia birth defect attorney can help victims determine if they have a case. A lawyer can decide if the plaintiff is eligible to file a lawsuit on their own or as part of an action class. In some instances, an attorney can bring a lawsuit on behalf of a birth injury as part an interdistrict litigation. To get started you must fill out the form below for a an initial consultation for free and confidential with a reputable lawyer.

Representation

Although the latest technology and developments in the field of medicine have significantly reduced the risk of complications during childbirth and pregnancy, they are not entirely eliminated. If a birth defect, or injury occurs, and the cause could have been avoided, parents can pursue legal action to pay for the costs related to treatment.

Medical negligence claims are typically due to a doctor's failure to identify or treat an illness. A doctor might fail to perform an ultrasound or make a mistake during surgery, resulting in birth defects like spina bifida. Other causes for birth defect lawsuits include an ineffective medication for the mother or exposure to chemicals or other environmental hazards as the baby develops in the womb.

A birth defect can affect any part of a newborn's body and impact their health, function and appearance. In certain instances birth defects can dramatically reduce a child's life expectancy or result in an enormous amount of medical costs.

If you think your child's birth defect or injury was the result of medical malpractice or negligent care during pregnancy or labor, contact a qualified birth defect attorney today. A lawyer can assist you to identify your options and file a claim before the deadline for filing a claim expires. A lawyer can also negotiate an agreement with the parties responsible for the injury of your child.