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How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have greatly reduced the risk of childbirth. However, birth defects or injury is still a common occurrence.

A birth defect lawsuit seeks to compensate your child for medical expenses, educational costs and other losses. To pursue such a claim, you need to prove that medical professionals violated the standard of medical care prior to pregnancy or during the delivery.

Damages

Pregnancy is one of the most exciting and stressful experiences a parent can experience. Parents want their babies to be perfect, and doctors try to do all they can to stop birth defects from happening. Unfortunately, negligence and carelessness on the part of medical practitioners can increase the risk of birth injuries and birth defects. If this happens families that are shocked may want to seek justice through a birth defect lawsuit.

A successful birth defect lawsuit may result in damages for a multitude of different things. This includes suffering and pain for the victim as well as loss of consortium, medical expenses, in addition to lost earning capacity. The amount of damages the victim will receive is contingent on the severity of the child's condition, and how much it has affected their quality of living.

Birth injuries and birth defects can be caused by a variety of causes such as environmental exposures. Research has shown that certain chemicals like fungicides, pesticides and lead, as well paints and heavy metals may increase the risk of birth defects. Birth defect lawyers have filed suits against companies that exposed workers to toxic chemicals, as well against pharmaceutical companies that have made drugs that could cause birth defects in fetuses like DES.

If you suspect that medical error caused the birth injury or birth defect, it is recommended to consult a lawyer for birth defects immediately. In certain states, you only have one year to file a lawsuit claiming medical malpractice. If you wait longer it could mean that your child will never get the justice they deserve.

Statute of Limitations

A statute of limitations is a law that establishes how long a person has to file a civil claim. If a person misses the deadline, they lose their right to recover damages from the defendant. birth defect law firm injury cases can have more complicated statutes of limitations than other types of medical malpractice claims.

A lawsuit is usually brought against the doctor or hospital who caused injury to an individual during labor and birth. These cases are often referred to birthing injury suits or wrongful birth lawsuits however Florida's laws allow parents to file a malpractice suit for the death of an infant.

In a medical malpractice lawsuit the victim must prove the at-fault doctor did not adhere to the expected level of care and consideration other health care providers would have applied in similar circumstances. This includes failing to recognize a serious illness, such as low levels of oxygen during childbirth which can result in cerebral palsy and brain damage.

A qualified attorney should be the first step in filing a lawsuit for birth defects. A majority of attorneys offer free consultations for potential clients. If an attorney is convinced that a client's claim is valid they will go over the medical documents of the client and employ experts to analyze the evidence. They will also assist in preparing documents and filing the medical malpractice lawsuit in time.

Expert Witnesses

In a case involving a birth injury, it is important to have experts who can explain medical practices and procedures to a jury. Expert witnesses can be difficult to testify because they have to carefully review a vast amount of data in order to make a decision that are based on evidence rather than opinion. Furthermore, they should be prepared to testify about things that may contradict their opinions.

In the Daubert case the plaintiffs' experts claimed that Bendectin was the cause of their child's birth defects. The judge concluded that the evidence was at the "cutting edge of scientific research, where fact is matched by theory, and certainty turns into probabilities." However the judge did not believe that there was sufficient evidence to support the claim that Bendectin doubled the chances of developing birth defects.

The Daubert ruling was a setback for plaintiffs, who had suing pharmaceutical companies in order to win justice. Nonetheless, there are still many avenues for an injured person can 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. A lawyer can assist plaintiffs determine whether they are eligible to file a personal lawsuit or a class action. In some cases lawyers can start a lawsuit for birth injuries as part of multidistrict litigation. Please fill out the form below for a confidential and free consultation with an attorney.

Representation

Although the advancements in technology and advances in medicine have significantly reduced the risk of complications during childbirth and pregnancy, they are not entirely eliminated. If a birth defect injury occurs and the cause was preventable, parents may seek legal action to cover costs associated with treatment.

Medical negligence claims are typically based on a doctor's failure diagnose or treat a condition. A physician may fail to conduct an ultrasound or make a mistake in surgery, leading to birth defects such as spina bifida. Birth defects can also be caused by improper medication that is taken by the mother or exposure to chemicals or other environmental dangers during the child's development in the womb.

A birth defect may affect any part of the body of a newborn that can affect their appearance, health and performance. In some cases birth defects can dramatically reduce a child's life expectancy or result in an enormous amount of medical costs.

Contact an attorney for birth defects now if you believe the birth injury or defect was caused by medical negligence or malpractice during pregnancy or labor. A lawyer can help identify your options and make a claim prior to the statute of limitations expires. A lawyer can also negotiate an agreement with the parties accountable for the injury suffered by your infant.