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How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have significantly reduced the risks associated with childbirth. Birth defects or injuries still occur frequently.

A birth defect lawsuit seeks compensation for your child's medical expenses education costs, as well as other losses. You must prove that the medical professional you are suing breached the standard of treatment prior to or during pregnancy or delivery.

Damages

Pregnancy can be one of the most exciting, but nerve-wracking moments in the life of a parent. Parents want their babies to be perfect, and doctors do everything to avoid birth defects. However, carelessness and negligence on the part of medical professionals can increase the chance of birth injuries and birth defects. When this occurs the family of the victim might want to pursue justice via a birth defect lawsuit.

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

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

If you think your child's birth defect or injury was caused by medical malpractice, you should seek out a skilled birth defect lawyer as quickly as you can. In certain states, there is only one year to file a medical negligence lawsuit, and waiting more than that may mean 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 defines the time frame for which a person has to file a civil lawsuit. If someone misses the deadline, they will lose their right to recover damages from a defendant. Birth injury cases can have a more complicated time limit than other medical malpractice claims.

A lawsuit is typically filed against the medical professional or hospital that caused injuries to a patient during labor and birth. These cases are usually referred to 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 medical malpractice lawsuit, the injured party must prove that the doctor at fault did not follow the standards of care and consideration another health care provider would have applied in similar circumstances. This includes failing to diagnose a serious illness like low oxygen levels during childbirth which can cause cerebral palsy or brain damage.

The first step to file a birth defect lawsuit is to speak with an experienced attorney. The majority of lawyers offer free consultations and case review to prospective clients. If an attorney is convinced that the client's claim is legitimate they will go over the medical records of the client, and they will hire experts to evaluate the claims. They will also assist in preparing documents and file 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 can be difficult because they have to carefully review an extensive amount of information to be able make decisions in accordance with facts rather than opinions. They must also be willing to testify on evidence that could contradict their opinions.

In the Daubert Case the plaintiffs' expert claimed that Bendectin caused the birth defect in their child. The judge concluded that the evidence was "at the forefront of scientific research, where evidence meets theories and certainty transforms into probabilities." However the judge did not believe there was enough proof that Bendectin caused birth defects.

The Daubert ruling was a setback for the plaintiffs, who had filed a lawsuit against pharmaceutical companies to get justice. Nonetheless, there are still many ways that an injured person can pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer can assist victims on whether they have a claim. Lawyers can assist plaintiffs determine if they are eligible to file an individual lawsuit or a class action. In some cases, a lawyer can file a birth injury lawsuit as part of multidistrict lawsuit (MDL). Complete the form below for a confidential and free consultation with an attorney.

Representation

Modern technology and recent advances in the medical field may have decreased the chance of complications arising during pregnancy and childbirth, but they're still not completely eliminated. When a birth defect or injury occurs, and the cause is preventable, parents can pursue legal action to pay for the costs associated with treatment.

Medical negligence claims are typically caused by a doctor's inability to diagnose or treat an illness. For instance, a doctor might fail to conduct an ultrasound examination or make an error during surgery, resulting in a birth defect similar to spina bifida. Other causes that can lead to a birth defect lawsuit include insufficient medication for the mother or exposure to chemicals or other environmental dangers while the baby is growing in the womb.

A birth defect can affect any part of the body of a baby and impact their health, function and appearance. In certain instances, a birth defect can significantly diminish a baby's life expectancy, or cause an enormous amount of medical costs.

If you think the birth defect or injury was due to negligence or medical malpractice during labor or lawsuit pregnancy, contact a qualified birth defect lawyer today. A lawyer can assist you understand your options and submit a claim before the statute of limitations runs out. A lawyer may also be in a position to negotiate an agreement on your behalf with the parties accountable for your child's injuries.