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How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have drastically reduced the risks associated with childbirth. However, birth defects or injury is still a common occurrence.

A birth defect lawsuit seeks to recover for your child's medical expenses education costs, as well as other expenses. You must prove that the medical professional in question did not follow the standard of care during or before the birth or delivery.

Damages

Pregnancy is one of the most exciting and stressful times in a parent's life. Parents want their babies to be perfect, and doctors strive to do all they can to stop birth defects from occurring. Medical negligence and inattention can increase the risk for birth defects and injuries. A family who is shocked by this news should think about the possibility of suing over a birth defect.

A successful birth defect lawsuit can result in damages for a number of different things. These include a victim's suffering and suffering as well as loss of consortium, medical expenses, and loss of earning capacity. The amount of damages a person suffers will depend on the degree of their child's health and the extent that it has affected with their quality of life.

Environmental exposures can cause birth defects and birth injuries. Studies have revealed that certain chemicals, like fungicides, pesticides lead, paints and heavy metals may increase the chance of birth defects. Birth defect lawyers have filed lawsuits against companies that exposed workers to harmful chemicals, as well as pharmaceutical companies that produce drugs like DES that could cause birth defects in fetuses.

If you suspect that medical error caused the birth injury of your child or birth defect, you should seek out a birth defect lawyer immediately. In some states, you only have one year to file a medical negligence suit, and waiting any longer than that can mean losing your chance to obtain the justice you are due for the injury your child sustained.

Statute of Limitations

A statute of limitations is a law which establishes the deadline for filing a civil lawsuit. If a person misses the deadline, they lose their right to seek damages from a defendant. Birth injury cases have more complicated statutes of limitations than other types of medical malpractice claims.

A lawsuit is typically filed against the doctor or the hospital that caused a patient's injuries during labor and delivery. These cases are sometimes called birthing injury lawsuits or wrongful birth lawsuits, however Florida's laws permit parents to file a malpractice lawsuit in the event of the death of an infant.

In order to prove medical malpractice, the victim must prove that the doctor who was at fault didn't adhere to the standards of care and consideration required by a different health healthcare provider in similar circumstances. This includes failing to diagnose a serious illness for example, low levels of oxygen in the childbirth process that can cause cerebral palsy or brain damage.

Finding a reputable attorney is the first step to file a lawsuit for birth defects. Most attorneys offer free consultations to potential clients. If an attorney is convinced that the client's claim is legitimate, they will review the medical documents of the client and employ experts to review the records. They can also assist in the preparation of documents and file the medical malpractice lawsuit on time.

Expert Witnesses

In a birth injury case it is essential to have experts who can explain medical practices and procedures to jurors. Expert witnesses can be difficult to work with as they must scrutinize huge quantities of information and be able to make decisions based upon facts rather than opinions. In addition, they must be willing to testify on facts that might conflict with their views.

In the Daubert case the plaintiffs' experts claimed that Bendectin caused birth defects in their child. The judge ruled that the evidence was on the "cutting edge of research in science, where reality meets theory and certainty dissolves into probabilities." However the judge did believe there was sufficient evidence to prove that Bendectin doubled a baby's risk of developing birth defects.

The Daubert decision was a blow to plaintiffs who had filed suit against pharmaceutical companies in seeking justice. There are a variety of avenues for a person who has suffered injury to pursue a lawsuit over the birth defect.

A Philadelphia birth defect lawyer can assist those suffering from birth defects to determine whether they are a victim. A lawyer can help victims determine if they're eligible to file a lawsuit on their own or a class action. In certain cases a lawyer may start a lawsuit for birth injuries in the context of multidistrict litigation (MDL). Fill out the form below to get a confidential and free consultation with an attorney.

Representation

Modern technology and recent advances in the medical field may have decreased the risk of complications that can occur during pregnancy and childbirth but they're not completely eliminated. If a birth defect, or injury occurs, and the cause could have been avoided, parents may seek legal action to pay for the costs related to treatment.

Medical negligence claims are often due to a doctor's failure to diagnose or treat an illness. For instance, a physician may fail to conduct an ultrasound exam or make mistakes during surgery, which could result in a birth defect, such as spina bifida. Other causes for birth defect lawsuits include an ineffective medication for the mother or exposure to chemicals or other environmental hazards while the baby is growing in the womb.

A birth defect can affect any part of the newborn's body that can affect their appearance, health, and functioning. In some cases birth defects can shorten the life expectancy of a newborn or lead to major medical expenses.

Contact a birth defect lawyer today if you believe that your child's birth defect or injury was caused by medical negligence or malpractice during pregnancy or labor. A lawyer can help you discover your options and make a claim prior to the deadline for filing a claim expires. A lawyer can also negotiate an agreement with the parties responsible for the injury of your infant.