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How to File a Birth Defect Lawsuit

Modern medicine and technology have greatly reduced the risk of childbirth. However, birth defects or injury still occurs frequently.

A birth defect lawsuit seeks to recover for your child's medical expenses or educational costs, among other expenses. You must prove that the medical professional in question violated the standard care prior to or during the birth or delivery.

Damages

Pregnancy can be one of the most exciting yet nerve-wracking experiences in the life of a parent. Parents want their children to be perfect, and doctors work to do all they can to prevent birth defects from happening. Unfortunately, negligence and carelessness on the part of medical professionals can increase the chance of birth injuries and birth defects. A family who is shocked by this incident should think about the possibility of suing over a birth defect.

A successful birth defect lawsuit can result in damages for a variety of different things. This includes pain and suffering for the victim, loss of consortium and medical expenses, not to mention loss of earning capacity. The amount of damages that a victim will receive depends on the severity of the child's medical condition and how much it has affected their quality of life.

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

If you suspect that medical negligence caused the birth injury or birth defect, you should consult a lawyer for birth defects immediately. In some states, there is only one year to file a medical malpractice suit, and if you wait longer than that may mean losing your chance to obtain the justice you need for your child's injuries.

Statute of Limitations

A statute of limitation is a law which establishes the time limit for an individual to file a civil lawsuit. If a claimant fails to file by the deadline, they lose the right to claim damages from the defendant. Birth injury claims be more complex in terms of the statute of limitations than other medical malpractice claims.

A lawsuit is usually brought against the hospital or doctor who caused injury to a patient during labor and birth. These cases are usually called birthing injuries lawsuits or wrongful birth suits although Florida's laws allow parents to file a medical malpractice suit for birth defects an infant's death.

To prove medical malpractice, the party who suffered will need to show that the doctor responsible was not able to meet the standard of care or consideration expected by another health medical professional in similar circumstances. This includes failing to diagnose an illness that is serious for example, low oxygen levels during childbirth that result in brain damage and cerebral palsy.

A qualified attorney should be the first step in filing a lawsuit against birth defects. The majority of lawyers offer free consultations for potential clients. If the lawyer believes that a client has a valid case, they will look over medical records and employ expert witnesses to assess the case. They will also help prepare documents and file the medical malpractice lawsuit on time.

Expert Witnesses

In a case involving birth injuries, it is important to have experts who can explain medical procedures and practices to jurors. However, expert witnesses aren't easy to work with since they must scrutinize huge amounts of information and make decisions based upon facts rather than their opinions. They also have to be willing to testify about facts that could contradict their opinions.

In the Daubert case the plaintiffs' experts argued that Bendectin contributed to their child's birth defects. The judge concluded that the evidence was on the "cutting edge of research in science, where fact meets theory, and certainty transforms into probabilities." However, the judge did not believe there was sufficient evidence to support the claim that Bendectin doubled the chances of developing birth defects.

The Daubert decision was a blow to plaintiffs who had filed a lawsuit against pharmaceutical companies an effort to obtain justice. Nonetheless, there are still numerous avenues that an injured person could pursue a lawsuit for birth defects.

A Philadelphia birth defect lawyer can assist those suffering from birth defects to determine whether they have a case. Lawyers can assist victims determine if they're qualified to file a personal lawsuit or a class action. In some instances lawyers can bring a lawsuit on behalf of a birth injuries as part a multidistrict lawsuit. Fill out the form below to receive a private and free consultation with an attorney.

Representation

While modern technology and recent advances in medicine have significantly reduced the risk of complications during childbirth and pregnancy however, they are not completely eliminated. Parents can take legal action if a birth defect or birth injury occurs, and the cause could have been prevented.

Medical negligence cases typically result from a doctor's inability to diagnose or treat a condition. Physicians may fail to perform an ultrasound or make a mistake during surgery, leading to birth defects such as spina bifida. Birth defects can be caused by a wrong medication taken by the mother, or exposure to chemicals or other environmental dangers during the development of the baby in the womb.

A birth defect can affect any part of a newborn's body and affect their health, functioning and appearance. In certain instances birth defects can drastically reduce a baby's lifespan or result in an enormous amount of medical costs.

Contact an attorney for birth defects today if you believe that the birth defect or injury was caused by medical negligence or mistakes during labor or pregnancy. A lawyer can help explain your options and help make a claim prior the deadline for filing. A lawyer can also negotiate a settlement with the parties accountable for the harm to your infant.