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How to File a Birth Defect Lawsuit

Modern medical and technological advances have significantly decreased the risks of childbirth. However, birth defects or injury still occurs frequently.

A birth defect lawsuit seeks to pay your child's medical expenses, education costs as well as other losses. You must prove that the medical professional in question has violated the standard medical treatment during or prior to the birth 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 attempt to do everything they can to prevent birth defects from occurring. Unfortunately, negligence and carelessness on the part of medical practitioners can increase the chance of birth injuries and birth defects. When this occurs families that are shocked might want to pursue justice via a birth defect lawsuit.

A successful birth defect lawsuit may result in damages for a number of different things. This includes suffering for the victim as well as loss of consortium and medical expenses, as well as lost earning capacity. The amount of damages a person suffers will depend on the severity of their child's medical condition and the extent to which it has interfered with their quality of life.

Birth defects and birth injuries can be caused by a number of factors which include exposure to environmental factors. Studies have shown that pesticides like fungicides and lead as well as paints, heavy metals and heavy metals, can increase the risk of birth defect law firms defects. Birth defect lawyers have filed suits against businesses that have exposed workers to these harmful chemicals, and against pharmaceutical companies who have manufactured drugs that can cause birth defects in fetuses, like DES.

If you suspect that your child's birth defect or injury was the result of medical malpractice, it is important to seek out a skilled birth defect lawyer as soon as possible. In some states, you have only one year to file a lawsuit claiming medical malpractice. If you put off filing a lawsuit for a longer period and you don't, your child will never receive the justice they deserve.

Statute of limitations

A statute of limitations is a law that establishes how long a person has to file a civil action. If a claimant fails to file by the deadline, they lose the right to claim damages from a defendant. Birth injury cases can have a more complicated statute of limitations than other medical malpractice claims.

A lawsuit is usually brought against the doctor or hospital that caused an injury to an individual during labor and delivery. These cases can be known as birthing injuries suits or wrongful birth lawsuits, although Florida's laws permit parents to file a malpractice suit in the event of the death of an infant.

In a medical malpractice case, the injured party must prove the at-fault doctor did not follow the standards of care and consideration that another health care provider would have used in similar circumstances. This includes failing to recognize a serious illness, such as low levels of oxygen in the childbirth process that can cause brain damage and cerebral palsy.

The first step to file a birth defect lawsuit is to speak with an experienced attorney. Most attorneys offer free consultations and case review to potential clients. If an attorney is convinced that the client's claim is legitimate they will go over the medical documents of the client and hire experts to analyze the claims. They will also assist in preparing documents and file the medical malpractice lawsuit within the timeframe.

Expert Witnesses

In a case that involves birth injuries, it is vital to have medical experts who are able to provide a jury with the medical procedures and practices. Expert witnesses can be difficult because they must carefully examine the vast amount of information to be able make decisions that are based on evidence rather than opinions. They should also be able to testify about facts which may contradict their opinions.

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

The Daubert decision was an affront to plaintiffs who had filed a lawsuit against pharmaceutical companies an effort to obtain justice. There are many ways for a person who has suffered injury to seek a legal action over the birth defect.

A Philadelphia birth defect lawyer can help victims determine whether they are a victim. A lawyer can assist plaintiffs determine whether they are eligible to file a personal lawsuit or a class action. In certain instances lawyers may be able to start a lawsuit for birth injuries as part of multidistrict litigation (MDL). To start, fill out the form on this page to request a the opportunity to have a no-cost and confidential consultation with a licensed attorney.

Representation

While modern technology and recent advancements in the medical field have greatly reduced the risk of complications during pregnancy and childbirth but they aren't completely eliminated. If a birth defect or injury occurs and the cause could have been avoided, parents can seek legal action to cover costs associated with treatment.

Medical negligence claims usually stem from a doctor's failure to identify or treat a problem. For instance, a physician may not perform an ultrasound test or make an error during surgery, which could result in a birth defect, such as spina bifida. Other common causes of birth defect lawsuits include inadequate medication for the mother or exposure to chemicals or other environmental dangers while the baby develops in the womb.

A birth defect could affect any part of the body of a newborn which can affect their appearance, health, and function. In certain instances the birth defect can significantly diminish a baby's life expectancy, or cause an enormous amount of medical costs.

Contact an attorney for birth defects today if you believe that the birth defect or injury was the result of medical negligence or negligence during labor or pregnancy. A lawyer can help you identify your options and file a claim before the statute of limitations expires. A lawyer might also be in a position to negotiate settlements on behalf of you with the parties accountable for the injury to your child.