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How to File a Birth Defect Lawsuit

Modern technology and medicine have dramatically reduced the risks of childbirth. But, a birth defect or injury is still a common occurrence.

A birth defect lawsuit seeks to recover for medical expenses of your child, educational costs, and other losses. You must prove that the medical professional involved violated the standard care during or before pregnancy or delivery.

Damages

Pregnancy can be one of the most exciting yet nerve-wracking times in the life of a parent. Parents want their babies to be perfect, and doctors attempt to do everything they can to prevent birth defects from occurring. Medical negligence and carelessness could increase the risk of birth defects and injuries. A family that is stricken by this news should think about taking legal action to remedy a birth defect.

A successful birth defect lawsuit may result in damages for a number of different things. This can include pain and suffering for the victim along with loss of consortium and medical expenses, in addition to loss of earning capacity. The amount of damages a person suffers will depend on the severity of their child's illness and the extent to which it has affected in their quality of life.

Environmental exposures can cause birth defects and birth injuries. Studies have shown that pesticides like lead and fungicides and paints, heavy metals and heavy metals can increase the risk of birth defect compensation (http://www.stwx.net/home.php?mod=space&uid=5500387&do=profile&from=space) defects. Birth defect lawyers have brought lawsuits against companies that exposed workers to these harmful chemicals, and also against pharmaceutical companies that have developed medications that can cause birth defect law defects in fetuses, like DES.

If you suspect that medical negligence caused the birth injury or birth defect case defect, consult a lawyer for birth defects immediately. In some states, you have only one year to file a medical malpractice lawsuit, and waiting more than that could mean losing the chance to receive the justice you deserve for your child's injury.

Statute of Limitations

A statute of limitations is a law that defines the time limit for a person to file a civil lawsuit. If someone misses the deadline, they lose their right to recover damages from the defendant. Birth injury cases have more complex statutes of limitations than other types of medical malpractice claims.

A lawsuit is usually filed against the hospital or doctor that caused an injury to patients during labor or delivery. These cases can be referred to birthing injury suits or wrongful birth lawsuits, however Florida's laws permit parents to file a malpractice lawsuit for the death of a baby.

In a case of medical malpractice the injured party must prove that the doctor at fault was not adhering to the expected level of care and consideration another medical professional would have applied in similar circumstances. This includes failing to diagnose serious conditions like low levels of oxygen in the childbirth process which could lead to cerebral palsy and brain damage.

Contacting a qualified attorney is the first step in filing a lawsuit for birth defects. A majority of attorneys offer free consultations to prospective clients. If the attorney believes that a client has a valid case, they will review medical records and appoint expert witnesses to assess the case. They will also assist with the preparation of documents and file the medical malpractice lawsuit on time.

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 practices and procedures. Expert witnesses can be difficult to testify because they have to carefully review an extensive amount of information in order to make a decision based on facts, not opinion. They must also be willing to testify about facts that might conflict with their positions.

In the Daubert case the plaintiffs' experts suggested that Bendectin was the cause of birth defects in their child. The judge found that the evidence was at the "cutting edge of scientific research, where evidence meets theory and the certainty transforms into probabilities." However, the judge did not believe that there was sufficient evidence to prove that Bendectin doubled a baby's risk of developing birth defects.

The Daubert decision was a blow to plaintiffs that had sued pharmaceutical companies in an attempt to get justice. There are numerous avenues for a person who has suffered injury to seek a legal action over a birth defect.

A Philadelphia birth defect attorney can help victims determine whether they have a case. A lawyer can help victims determine if they're qualified to file a lawsuit as an individual or a class action. In some cases lawyers can start a lawsuit for birth injuries as part of multidistrict litigation (MDL). To start by filling out the form below for a a free and confidential consultation with a qualified attorney.

Representation

Modern technology and recent advances in medical technology may have reduced the chance of complications arising during pregnancy and childbirth, however they are not completely eliminated. Parents can take legal action if they suffer a birth injury or defect occurs, and the reason could have been prevented.

Medical negligence cases typically stem from a doctor's failure to identify or treat a problem. A physician may fail to perform an ultrasound or make a mistake during surgery, leading to birth defect legal defects like spina bifida. Birth defects can be caused by a wrong medication that is taken by the mother, Birth Defect Compensation or exposure to chemicals or other environmental dangers that can affect the development of the baby in the womb.

A birth defect legal defect could affect any part of the newborn's body that can affect their appearance, health and functionality. In some instances birth defect lawyer defects can decrease the lifespan of a baby or result in substantial medical expenses.

If you believe your child's birth defect or injury was due to negligence or medical malpractice during labor or birth get in touch with a reputable birth defect attorney today. A lawyer can assist you discover your options and file a claim before the statute of limitations runs out. A lawyer might also be in a position to negotiate an agreement on behalf of you with the parties responsible for your child's injuries.