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How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have significantly reduced the risk of the birth defect attorneys (discover this) of a child. Birth defects or injuries still occur frequently.

A birth defect lawsuit seeks to pay your child's medical expenses, educational costs, and other losses. You must prove that the medical professional involved did not follow the standard of care prior to or during pregnancy or delivery.

Damages

Pregnancy can be one of the most exciting, but nerve-wracking moments in a parent's lifetime. Parents want their babies to be perfect, and doctors strive to do everything they can to stop birth defects from happening. However, carelessness and negligence on the part of medical professionals can increase the chance of birth defects and injuries. When this occurs families that are shocked ought to consider pursuing justice through a birth defect lawsuit.

A successful birth defect suit could result in damages for many different things. This includes the victim's pain and suffering as well as loss of consortium, medical expenses and lost earning capacity. The amount of compensation an individual victim will be awarded depends on the severity of the child's illness and how it has affected their quality of life.

Environmental exposures can cause birth defects and birth injuries. Studies have shown that pesticides such as fungicides and lead and heavy metals, paints, and heavy metals, can increase the risk of birth defects. Birth defect lawyers have brought suits against businesses that have exposed workers to harmful chemicals, and against pharmaceutical companies who have manufactured drugs that could cause birth defects in fetuses, such as DES.

If you suspect that medical error caused your child's birth injury or birth defect compensation defect, consult a birth defect lawyer immediately. In some states, you only have one year to file a medical negligence suit, and if you wait longer than that can mean losing the chance to receive the justice you are due for the injury your child sustained.

Statute of Limitations

A statute of limitations is a law that determines the time frame for which a person has to file a civil lawsuit. If a person fails to meet the deadline, they will lose their right to seek damages from the defendant. Birth injury cases have more complex statutes of limitations than other types of medical malpractice claims.

A lawsuit is usually filed against the hospital or doctor that caused injuries to a patient during labor and birth. These cases are commonly known as birthing injury lawsuits or wrongful birth defect attorney suits however Florida's laws permit parents to make a claim for medical malpractice in the event of a baby's death.

In a case of medical malpractice the victim must prove the at-fault doctor was not adhering to the standards of care and consideration other health care providers would have applied in similar circumstances. This includes failing to recognize a serious condition such as low oxygen levels during childbirth which can cause cerebral palsy and brain damage.

Contacting a qualified attorney is the first step to file a lawsuit for birth defects. A majority of attorneys offer free consultations and case reviews to potential clients. If an attorney believes the claim of a client is legitimate they will go over the medical documents of the client and employ experts to evaluate the claims. They can also assist in the preparation of documents and file the medical malpractice lawsuit within time.

Expert Witnesses

In cases which involves birth injuries, it is essential to have medical experts who can provide a jury with the medical procedures and birth defect attorneys practices. Expert witnesses aren't easy to work with since they must be able to scrutinize massive quantities of information and be able to make decisions based on evidence rather than their opinions. They must also be willing to provide evidence on matters that may conflict with their opinions.

In the Daubert case, the plaintiffs' experts argued that Bendectin contributed to the birth defects of their child. The judge concluded that the evidence was on the "cutting edge of research in science, where fact meets theory and the certainty transforms into probability." 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 the plaintiffs, who had suing pharmaceutical companies to win justice. But there are many ways that an injured person could pursue a lawsuit for birth defects.

A Philadelphia birth defect lawyer can advise victims about whether they are eligible for a claim. A lawyer can determine if the plaintiff is eligible to file a lawsuit on their own or as part of an action class. In certain cases lawyers can bring a lawsuit on behalf of a birth injury as part an interdistrict litigation. Fill out the form to receive a confidential and free consultation with an attorney.

Representation

Modern technology and recent advances in the medical field may have reduced the risk of complications that can occur during pregnancy and childbirth, but they're still not completely eliminated. If a birth defect, or injury occurs and the cause is preventable, parents can pursue legal action to cover costs related to treatment.

Medical negligence cases typically stem from a doctor's failure to diagnose or treat a problem. A physician may not perform an ultrasound or make a mistake during surgery, resulting in a birth defect such as spina bifida. Birth defects can be caused by a wrong medication taken by the mother, or exposure to chemicals or other environmental dangers during the child's development during the womb.

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

Contact an attorney for birth defects now if you believe the birth injury or defect was the result of medical negligence or malpractice during pregnancy or labor. A lawyer can help determine your options and file a claim before the statute of limitations expires. A lawyer can also negotiate a settlement with the parties responsible for the harm to your child.