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How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have significantly reduced the risks associated with birth. But, a Birth Defect (M1Bar.Com) or injury still occurs frequently.

A birth defect law firms defect lawsuit seeks compensation for your child's medical expenses or educational costs, among other expenses. You must prove that the medical professional who was involved did not follow the standard of care during or before the pregnancy or birth.

Damages

Pregnancy is one of the most exciting and nerve-wracking experiences a parent can experience. Parents want their babies to be perfect, and doctors work to do everything possible to prevent birth defects from happening. However, carelessness and negligence on the part of medical practitioners can increase the risk of birth injuries and birth defects. In the event of this happening an astonished family ought to consider pursuing justice through a birth defect lawsuit.

A successful birth defect lawsuit could result in damages for a multitude of different things. This includes suffering for the victim as well as loss of consortium, medical expenses, as well as loss of earning capacity. The amount of damages the victim will be awarded is contingent on the severity of the child's medical condition and how much it has affected their standard of life.

Birth injuries and birth defects can be caused by a number of factors which include exposure to environmental factors. Studies have shown that certain chemicals, like pesticides, fungicides, lead, heavy metals and paints can increase the chances of birth defects. Birth defect lawyers have filed suits against companies that exposed workers to these harmful chemicals, and also against pharmaceutical companies that have developed products that cause birth defects in fetuses, such as DES.

If you think your child's birth defect or birth injury was caused by medical negligence, you must consult a reputable birth defect lawyer as quickly as possible. In some states, you have only one year to file a medical malpractice lawsuit, and waiting more than that may mean losing the chance to receive the justice you deserve for your child's injury.

Statute of Limitations

A statute of limitations is a law that determines how long a person has to file a civil claim. If a person fails to meet a deadline loses the right to claim damages against a defendant. Birth injury cases may have more complicated statutes of limitations than other types of medical malpractice claims.

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

In a case of medical malpractice the plaintiff must prove that the doctor at fault did not follow the expected level of care and consideration that another health care provider would have applied in similar circumstances. This could include failing to recognize serious conditions like low levels of oxygen during childbirth which can result in cerebral palsy and brain damage.

The first step in filing a birth defect lawsuit is to reach an experienced attorney. Most attorneys offer free consultations and reviews of cases to potential clients. If the attorney believes that a client has a valid claim they will look over medical records and employ experts to review the evidence. They can also assist in the preparation of documents and filing the medical malpractice lawsuit within time.

Expert Witnesses

In a birth injury case, it is important to have experts who can explain medical procedures and practices before a jury. However, expert witnesses can be difficult to work with as they must scrutinize huge amounts of data and be able to make decisions based on the facts rather than their opinions. In addition, they must be able to testify regarding facts that could contradict their beliefs.

In the Daubert case, the plaintiffs' experts argued that Bendectin was the cause of their child's birth defects. The judge ruled that the evidence was on the "cutting edge of research in science, where fact meets theory and certainty dissolves into probability." However, the judge did not believe there was sufficient evidence that Bendectin doubled a baby's risk of developing birth defects.

The Daubert ruling was a setback for plaintiffs, who had sued pharmaceutical companies to win justice. But there are numerous avenues that an injured party may pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer can help victims about whether they have an opportunity to file a claim. Lawyers can assist plaintiffs determine whether they are eligible to file an individual lawsuit or a class action. In some cases, a lawyer can make a birth injury claim as part of multidistrict lawsuit (MDL). Please fill out the form below to receive a private and free consultation with an attorney.

Representation

While modern technology and recent advancements in the medical field have significantly reduced the risk of complications during childbirth and pregnancy, they are not entirely eliminated. When a birth defect or injury occurs and the cause could have been avoided, parents may seek legal action to cover costs related to treatment.

Medical negligence claims often stem from a doctor's failure to diagnose or treat a condition. For instance, a physician may fail to conduct an ultrasound exam or make a mistake during surgery, which could result in a birth defect such as spina bifida. Other common causes of a birth defect attorney defect lawsuit include an ineffective medication for the mother or exposure to chemicals or other environmental hazards while the baby develops in the womb.

A birth defect can affect any part of a newborn's body and affect their health, performance and appearance. In some instances, a birth defect can dramatically reduce a child's lifespan or result in a significant amount of medical costs.

If you suspect that the birth defect or injury was due to negligence or medical malpractice during labor or birth seek out a qualified birth defect lawyer today. A lawyer can help identify your options and make a claim prior to the time limit expires. A lawyer can also negotiate a settlement with the parties responsible for the injury of your infant.