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How to File a Birth Defect Lawsuit

Modern medical and technological advances have significantly reduced the risks of childbirth. Birth defects or injuries continue to occur frequently.

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

Damages

Pregnancy can be one of the most exciting yet nerve-wracking times in a parent's lifetime. Parents want their babies to be perfect and doctors do everything to avoid birth defects. Unfortunately, carelessness and negligence on the part of medical professionals can increase the risk of birth defects and injuries. In the event of this happening the family of the victim ought to consider pursuing justice through a birth defect lawsuit.

A successful birth defect suit could result in damages for a variety of different things. These include the victim's pain and suffering and loss of consortium, medical expenses, and 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 impacted with their quality of life.

Birth defects and birth injuries can be caused by a number of factors such as exposure to environmental factors. Studies have shown that certain chemicals, such as pesticides, fungicides, lead, heavy metals and paints can increase the risk of birth defects. Birth defect lawyers have brought lawsuits against companies that have exposed workers to these harmful chemicals, and against pharmaceutical companies that have made drugs that can cause birth defects in fetuses, like DES.

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

Statute of limitations

A statute of limitations is a law that sets the deadline for an individual to file an action in civil court. If a claimant fails to file by the deadline, they lose their right to recover damages from a defendant. Birth injury cases have more complicated statutes of limitations than other types of medical malpractice claims.

A lawsuit is usually filed against the doctor or hospital who caused the patient's injuries during labor and birth. These cases are often referred to as birthing injury lawsuits or wrongful birth suits, though Florida's laws allow parents to make a claim for medical malpractice for an infant's death.

In order to prove medical malpractice, the party who suffered must prove that the doctor responsible was not able to meet the level of care and consideration required by a different health healthcare provider in similar situations. This includes failing to diagnose a serious illness, such as low levels of oxygen during childbirth which could lead to cerebral palsy and brain damage.

A qualified attorney should be the first step to filing a lawsuit against birth defects. A majority of attorneys offer free consultations and case review to prospective clients. If the lawyer believes that a client has a valid case, they will examine medical records and engage expert witnesses to assess the evidence. They can also assist in the preparation of documents and filing the medical malpractice lawsuit on time.

Expert Witnesses

In a case involving birth injuries it is essential to have experts who can explain medical practices and procedures to jurors. Expert witnesses aren't easy to work with since they must be able to scrutinize massive amounts of evidence and be able to make decisions based on facts rather than opinions. In addition, they must be willing to testify about facts that could contradict their positions.

In the Daubert case the plaintiffs' experts argued that Bendectin had caused the birth defects of their child. The judge ruled that the evidence was at the "cutting edge of research in science, where fact meets theory, and certainty transforms into probability." However, the judge did not believe there was sufficient proof that Bendectin doubled a baby's chance of developing birth defects.

The Daubert decision was a setback to plaintiffs who had filed lawsuits against pharmaceutical companies in seeking justice. But there are various ways in which an injured party may pursue a lawsuit for birth defects.

A Philadelphia birth defect attorney can assist victims in determining if they have a case. A lawyer can help victims determine if they're eligible to file a personal lawsuit or a class action. In some cases lawyers can make a claim for birth injury as part of a multidistrict litigation. To get started complete the form on this page for an initial consultation for free and confidential with a qualified attorney.

Representation

Modern technology and recent advancements in medicine may have decreased the chance of complications occurring during childbirth and pregnancy, but they're still not completely eliminated. Parents may pursue legal action if a birth defect or birth injury occurs, and the cause could have been prevented.

Medical negligence claims tend to be due to a doctor's failure to diagnose or treat an illness. For instance, a doctor birth defect lawsuits could neglect to perform an ultrasound exam or make mistakes during surgery, which could result in a birth defect similar to spina bifida. Other causes that can lead to birth defect lawsuits include inadequate medication for the mother or exposure to chemicals or other environmental dangers while the baby is developing in the womb.

A birth defect can affect any part of the newborn's body that can affect their appearance, health and function. In certain cases birth defects can decrease the life expectancy of a newborn or lead to significant medical costs.

Contact a birth defect lawyer today if you believe that your child's birth defect or birth injury was caused by medical negligence or negligence during labor or pregnancy. A lawyer can help explain your options and birth defect lawsuits help you make a claim before the deadline for filing. A lawyer can also negotiate a settlement with the parties accountable for the injuries suffered by your child.