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How to File a Birth Defect Lawsuit

Modern medicine and technology have greatly decreased the risks of childbirth. But, a birth defect or injury is still a common occurrence.

A birth defect lawsuit seeks to recover for medical expenses of your child as well as educational costs and other losses. You must prove that the medical professional involved has violated the standard medical care during or before pregnancy or delivery.

Damages

Pregnancy is among the most exciting and nerve-wracking experiences a parent can experience. Parents want their babies to be perfect, and doctors do everything possible to avoid birth defects. Inattention to medical issues and negligence can increase the risk of birth defects and injuries. When this happens families that are shocked might want to pursue justice via a birth defect lawsuit.

A successful birth defect lawsuit can result in damages for a multitude of different things. This can include pain and suffering for the victim as well as loss of consortium and medical expenses, as well as lost 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 life quality.

Environmental exposures can result in birth injuries and birth defects. Studies have proven that pesticides like lead and fungicides and paints, heavy metals and heavy metals can increase the risk of birth defects. Birth defect lawyers have filed suits against companies that exposed workers to harmful chemicals, and against pharmaceutical companies that have made drugs that could cause birth defects in fetuses like DES.

If you believe that your child's birth defect or injury was the result of medical negligence, you must consult a reputable birth defect lawyer as soon as possible. In certain states, you only have one year to file a lawsuit against medical malpractice. If you wait this could mean that your child will never receive the justice they deserve.

Statute of limitations

A statute of limitations is a law that defines the deadline for when a person is allowed to file a civil suit. A person who misses an expiration date will lose the right to sue a defendant for damages. Birth injury claims may be more complex in terms of the statute of limitations than other medical malpractice claims.

A lawsuit is usually filed against the doctor or the hospital who caused the patient's injuries during labor and delivery. These cases can be referred to as birthing injury lawsuits or wrongful birth lawsuits however, Florida's laws allow parents to file a malpractice suit in the event of the death of a baby.

In a lawsuit for medical malpractice the plaintiff must prove the at-fault doctor did not follow the standard of care and consideration that another medical professional would have used in similar circumstances. This includes not being able to identify an illness that is serious such as low levels of oxygen in the childbirth process that cause cerebral palsy and brain damage.

The first step in filing a birth defect lawsuit is to contact an experienced attorney. A majority of attorneys offer free consultations for potential clients. If the attorney believes that a client has a valid claim they will look into medical records and engage expert witnesses to assess their credibility. They can also assist in the preparation of documents and file the medical malpractice lawsuit in time.

Expert Witnesses

In cases that involves birth injuries, it is crucial to have medical experts that can provide a jury with the medical procedures and practices. Expert witnesses can be difficult because they have to scrutinize a vast amount of data to be able make decisions in accordance with facts rather than opinion. They also have to be willing to testify about facts that might contradict their position.

In the Daubert case, the plaintiffs' experts suggested that Bendectin contributed to birth defects in their child. The judge ruled that the evidence was "at the forefront of scientific research where fact meets theories and certainty transforms into probabilities." However, he did not believe there was enough evidence that Bendectin caused birth defects.

The Daubert decision was an affront to plaintiffs who had filed lawsuits against pharmaceutical companies in the hope of obtaining justice. However, there are many avenues for an injured person can pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer can help victims on whether they're eligible for an opportunity to file a claim. A lawyer can determine if the plaintiff is able to file a suit on their own or as part of a class action. In some cases attorneys can bring a lawsuit on behalf of a birth injury as part a multidistrict lawsuit. Fill out the form 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, however they're still not completely eliminated. Parents can seek legal action if they suffer a birth defect or birth injury occurs, and the reason could have been prevented.

Medical negligence claims typically result from a doctor's inability to diagnose or treat a problem. Physicians may fail to diagnose an ultrasound or make a mistake during surgery, leading to birth defects such as spina bifida. Other causes for a birth defect lawsuit include inadequate medication for the mother or exposure to chemicals or other environmental hazards while the baby develops in the womb.

A birth defect could affect any part of the newborn's body and affect their appearance, health and function. In some instances, birth defects can reduce the life span of a child or trigger substantial medical expenses.

Contact a birth defect lawyer today if you suspect that the birth defect or birth injury was caused by medical negligence or negligence during labor or pregnancy. A lawyer can help discover your options and submit a claim before the statute of limitations expires. A lawyer might also be competent to negotiate the settlement on your behalf with the parties accountable for the injuries your infant sustained.