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How to File a Birth Defect Lawsuit

Modern medicine and technology have greatly reduced the risk of childbirth. But, a birth defect or injury can still happen frequently.

A birth defect lawsuit seeks reimbursement for medical expenses of your child education costs, as well as other expenses. You must prove that the medical professional you are suing did not follow the standard of treatment during or prior to the birth or delivery.

Damages

Pregnancy is one of the most exciting and stressful times in a parent's life. Parents want their children to be perfect, and doctors work to do their best to prevent birth defects from occurring. However, carelessness and negligence on the part of medical professionals can increase the chance of birth defects and injuries. When this happens an astonished family may want to seek justice through a birth defect lawsuit.

A successful birth defect suit can result in damages for many different things. This can include pain and suffering for the victim as well as loss of consortium and medical expenses, not to mention lost earning capacity. The amount of damages the victim will receive is contingent on the severity of the child's illness, and how much it has affected their quality of life.

Birth defects and birth injuries can be caused by a variety of factors, including environmental exposures. Studies have proven that certain chemicals like fungicides, pesticides and lead, as well paints, and heavy metals can increase the likelihood of birth defects. Birth defect lawyers have filed lawsuits against companies that exposed their workers to harmful chemicals, as well as pharmaceutical companies that produce drugs such as DES that may cause birth defects in fetuses.

If you suspect that your child's birth defect or birth injury is the result of medical negligence, you must consult a reputable birth defect attorney defect lawyer as soon as you can. In certain states, there's only one year to file a medical malpractice lawsuit, and waiting more than that could result in losing your chance to obtain the justice you deserve for your child's injury.

Statute of Limitations

A statute of limitations is a law that establishes the deadline for when a person is allowed to file a civil action. If a person fails to meet the deadline will lose the right to sue a defendant for damages. Birth injury cases could have more complicated statutes of limitations than other types of medical malpractice cases.

A lawsuit is usually filed against the hospital or doctor that caused injuries to a patient during labor and delivery. These cases can be called 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 an infant.

In a medical malpractice case the plaintiff must prove the at-fault doctor failed to adhere to the standard of care and consideration other health care providers would have followed in similar circumstances. This includes failing diagnose an illness that is serious, for example, low oxygen levels in childbirth which can result in cerebral palsy and brain damage.

A qualified attorney should be the first step to filing a lawsuit against birth defects. Many attorneys provide free consultations and case reviews for prospective clients. If an attorney believes that a client's claim is valid they will look over the medical documents of the client and then hire experts to assess the records. They can also assist in the preparation of documents and filing the medical malpractice lawsuit in time.

Expert Witnesses

In cases which involves birth injuries, it is vital to have medical experts who are able to explain to a jury the medical practices and procedures. Expert witnesses can be difficult to testify because they have to scrutinize an extensive amount of information in order to make a decision in accordance with facts rather than opinion. Additionally, they must be willing to testify on things that may contradict their views.

In the Daubert Case the plaintiffs' expert argued that Bendectin is the reason for the birth defect in their child. The judge found that the evidence was at the "cutting edge of research in science, where reality meets theory and the certainty transforms into probability." However, the judge did not consider there was enough evidence to support the claim that Bendectin increased the chance of developing birth defects.

The Daubert decision was a blow to plaintiffs that had filed suit against pharmaceutical companies in an attempt to get justice. Nonetheless, there are still many avenues for an injured person can pursue a lawsuit for birth defects.

A Philadelphia birth defect lawyer can assist victims on whether they're eligible for a right to sue. A lawyer can help plaintiffs determine if they are qualified to file a lawsuit as an individual or a class action. In some cases, an attorney can make a claim for birth injuries as part of multidistrict litigation. Complete the form below to get a confidential and free consultation with an attorney.

Representation

Although modern technology and recent advances in medicine have drastically reduced the chance of complications during pregnancy and childbirth however, they are not completely eliminated. If a birth defect or injury occurs and the cause is preventable, parents may seek legal action to cover the costs associated with treatment.

Medical negligence cases typically result from a doctor's inability to properly diagnose or treat a condition. For instance, a doctor may not perform an ultrasound exam or make a mistake during surgery, which could result in a birth defect such as spina bifida. Other causes for birth defect lawsuits include improper medication for the mother or exposure to chemicals or other environmental hazards as the baby is developing in the womb.

A birth defect can affect any part of the newborn's body and affect their appearance, health, and functioning. In certain instances, a birth defect can severely reduce a baby's life expectancy or result in a significant amount of medical costs.

If you believe 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 attorneys defect attorney today. A lawyer can explain your options and assist you file a claim prior to the statute of limitations expiring. A lawyer can also negotiate a settlement with the responsible parties for the injuries suffered by your infant.