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How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have drastically reduced the risks associated with the birth of a child. However, birth defects or injury can still happen frequently.

A birth defect lawsuit seeks reimbursement for medical expenses of your child as well as educational costs and other losses. You must prove that the medical professional in question 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 try to do everything possible to prevent birth defects from occurring. Unfortunately, carelessness and negligence on the part of medical professionals can increase the risk of birth injuries and birth defects. A family that is shocked by this situation should consider seeking legal action for a birth defect.

A successful birth defect lawsuit could result in damages for a number of different things. This includes the victim's pain and suffering and loss of consortium, medical expenses and lost earning capacity. The amount of damages a victim will receive will depend on the severity of their child's condition and the extent to which it has interfered with their daily life.

Birth injuries and birth defects can be caused by a number of causes, including environmental exposures. Studies have shown that certain chemicals such as pesticides, fungicides lead, paints and heavy metals may increase the chance of birth defects. Birth defect lawyers have brought lawsuits against companies that have exposed workers to toxic chemicals, as well against pharmaceutical companies that have developed drugs that can cause birth defects in fetuses such as 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 are given one year to file a suit for medical malpractice. If you wait, it could mean that your child will never get the justice they deserve.

Statute of limitations

A statute of limitations is a law that determines the time frame for which a person has to file a civil action. If a person fails to meet the deadline will lose the right to claim damages against a defendant. Birth injury claims may be more complex in terms of the time limit than other medical malpractice claims.

A lawsuit is typically filed against the hospital or doctor that caused an injury to an individual during labor and birth. These types of cases are typically known as birthing injury lawsuits or wrongful birth suits however, Florida's laws permit parents to bring a medical malpractice lawsuit to bring a child's death.

In order to prove medical malpractice, the injured party must prove that the doctor responsible did not adhere to the standard of care or consideration required by a different health healthcare provider in similar situations. This includes failing to recognize serious conditions like low oxygen levels in childbirth that can cause cerebral palsy and brain damage.

A qualified attorney should be the first step to filing a lawsuit for birth defects. Many attorneys provide free consultations to potential clients. If the attorney believes a client has a valid claim, they will look into medical records and employ experts to evaluate them. They will also assist in preparing documents and file the medical malpractice lawsuit in time.

Expert Witnesses

In a case involving a birth injury it is essential to have experts who can explain medical procedures and practices before a jury. However, expert witnesses can be difficult to work with as they have to carefully review huge amounts of information and be able to make decisions based on the facts rather than opinions. They also have to be willing to testify about facts that could contradict their beliefs.

In the Daubert case, the plaintiffs' experts claimed that Bendectin had caused their child's birth defects. The judge concluded that the evidence was on the "cutting edge of research in science, where reality meets theory, and certainty transforms into probabilities." However the judge did not consider there was enough evidence that Bendectin doubled a baby's risk of developing birth defects.

The Daubert ruling was a setback for the plaintiffs who had sued pharmaceutical companies to try and obtain justice. However, there are many ways that 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 are a victim. A lawyer can help plaintiffs determine whether they are qualified to file a lawsuit as an individual or a class action. In some cases, an attorney can file a lawsuit for birth injuries as part a multidistrict lawsuit. Please fill out the form below to get a confidential and free consultation with an attorney.

Representation

Modern technology and recent advancements in medicine may have decreased the chance of complications occurring during pregnancy and childbirth, but they're not entirely eliminated. When a birth defect or injury occurs and the cause was preventable, parents may pursue legal action to recover the costs associated with treatment.

Medical negligence claims tend to be based on a doctor's failure diagnose or treat a disease. A doctor may fail to perform an ultrasound or make a mistake in surgery, leading to birth defects such as spina bifida. Birth defects can be caused by a wrong medication that is taken by the mother or exposure to chemicals and other environmental hazards during the baby's development during the womb.

A birth defect can affect any part of a newborn's body and impact their health, function and appearance. In some cases birth defects can dramatically reduce a child's lifespan or result in significant medical expenses.

Contact an attorney for birth defects immediately if you believe the birth defect or injury was caused by medical negligence or malpractice during pregnancy or labor. A lawyer can explain your options and assist you make a claim prior the deadline for filing. A lawyer might also be in a position to negotiate the settlement on behalf of you with the responsible parties for your infant's injury.