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How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have drastically reduced the risks associated with birth. But, a birth defect or injury still occurs frequently.

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

Damages

Pregnancy can be one of the most exciting, but nerve-wracking moments in a parent's lifetime. Parents want their babies to be perfect, and doctors attempt to do all they can to prevent birth defects from occurring. Unfortunately, carelessness and negligence on the part of medical practitioners can increase the risk of birth injuries and defects. When this happens an astonished family should consider seeking justice through a birth defect lawsuit.

A successful birth defect lawsuit may result in damages for a range of different things. These include a victim's suffering and suffering and loss of consortium, medical expenses and lost earning capacity. The amount of damages a person suffers will depend on the degree of their child's health and the extent to which it has affected with their quality of life.

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

If you suspect that your child's birth defect or injury was caused by medical malpractice, it is important to speak with a skilled birth defect lawyer as quickly as possible. In certain states, you only have one year to file a medical malpractice lawsuit, and waiting more than that could mean 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 determines how long a person has to file a civil claim. If a person fails to meet a deadline will lose the right to pursue a defendant for damages. Birth injury cases have more complex statutes of limitations than other kinds of medical malpractice claims.

A lawsuit is typically filed against the hospital or doctor who caused injury to an individual during labor and delivery. These types of cases are typically known as birthing injury lawsuits or wrongful birth suits though Florida's laws allow parents to bring a medical malpractice lawsuit for the death of an infant.

In a lawsuit for medical malpractice the injured party must prove that the doctor at fault did not adhere to the expected level of care and consideration that another medical professional would have used in similar circumstances. This includes failing to diagnose a serious condition such as low oxygen levels in childbirth which can lead to cerebral palsy and brain damage.

The first step to file a birth defect lawsuit is to reach a skilled attorney. Most attorneys offer free consultations and reviews of cases to potential clients. If the attorney believes that a client has a valid claim, they will look over medical records and appoint experts to review their credibility. They will also assist with the preparation of documents and file the medical malpractice suit on time.

Expert Witnesses

In cases that involves birth injuries, it is essential to have medical experts who are able to provide a jury with the medical practices and procedures. Expert witnesses can be difficult to work with since they must scrutinize huge quantities of information and make decisions based on the facts rather than opinions. They should also be prepared to testify on evidence that might contradict their opinions.

In the Daubert Case, the plaintiffs' expert believed that Bendectin was the cause of the birth defect of their child. The judge ruled that the evidence was "at the cutting-edge of scientific research, where evidence meets theories and certainty transforms into probabilities." However the judge was not convinced there was sufficient evidence to prove that Bendectin caused birth defects.

The Daubert decision was an affront to plaintiffs who had sued pharmaceutical companies in the hope of obtaining justice. However, there are many ways that an injured person could pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer can assist victims in determining if they have a case. A lawyer can assist victims determine if they're qualified to file a lawsuit as an individual or a class action. In certain situations lawyers can file a birth injury lawsuit as part of a multidistrict litigation (MDL). Fill out the form below to receive a confidential and free consultation with an attorney.

Representation

Modern technology and recent advancements in medicine may have reduced the risk of complications occurring during pregnancy and childbirth, but they're not entirely eliminated. If a birth defect or injury occurs and the cause could have been avoided, parents can pursue legal action to cover costs associated with treatment.

Medical negligence cases typically result from a doctor's inability to recognize or treat a problem. For instance, a doctor might fail to conduct an ultrasound screening or make mistakes during surgery, which could result in a birth defect like spina bifida. Other causes that can lead to a birth defect lawsuit include inadequate medication for the mother or exposure to chemicals or other environmental hazards while the baby is growing in the womb.

A birth defect may affect any part of the newborn's body, affecting their appearance, health and functionality. In some cases birth defects can severely reduce a baby's life expectancy or lead to a significant amount of medical costs.

If you suspect that the birth defect or injury was the result of medical malpractice or negligent care during labor or pregnancy get in touch with a reputable birth defect attorney today. A lawyer can assist you identify your options and submit a claim before the statute of limitations expires. A lawyer might also be in a position to negotiate a settlement on your behalf with the responsible parties for your infant's injury.