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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 education costs, as well as other losses. You must prove that the medical professional who was involved violated the standard care during or before the birth or delivery.

Damages

Pregnancy can be one of the most exciting, yet nerve-wracking times in a parent's lifetime. Parents want their children to be perfect, and doctors attempt to do everything they can to prevent birth defects from happening. Unfortunately, carelessness and negligence on the part of medical practitioners can increase the risk of birth defects and injuries. In the event of this happening, a stunned family should consider seeking justice through a birth defect lawsuit.

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

Birth defects and birth injuries can be caused by a number of causes such as exposure to environmental factors. Studies have proven that certain chemicals, such as pesticides, fungicides, lead, heavy metals and paints can increase the likelihood of birth defects. Birth defect lawyers have filed suits against businesses that have exposed workers to these harmful chemicals, and also against pharmaceutical companies that have produced 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 malpractice, it is important to speak with a skilled birth defect lawyer as soon as possible. In certain states, you are given one year to file a lawsuit for medical malpractice. If you delay and you don't, your child won't get the justice they deserve.

Statute of Limitations

A statute of limitations is a law which establishes the time limit for filing a civil lawsuit. If a claimant fails to file by the deadline, they lose their right to seek damages from a defendant. Birth injury cases can have a more complicated time limit than other medical malpractice claims.

A lawsuit is usually brought against the hospital or doctor who caused injury to patients during labor or birth defect law firms. These cases are sometimes referred to as birthing injury lawsuits or wrongful birth lawsuits however Florida's laws permit parents to file a malpractice lawsuit for the death of a baby.

To prove medical negligence, the person who was injured must prove that the doctor responsible did not adhere to the level of care and consideration expected by another health medical professional in similar circumstances. This includes failing diagnose serious conditions like low oxygen levels during childbirth which can lead to cerebral palsy and brain damage.

The first step to file a birth defect law firm defect lawsuit is to reach a skilled attorney. Many attorneys provide free consultations and case review to potential clients. If the attorney believes a client has a valid case, they will review medical records and appoint experts to examine the case. 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's essential to have medical experts that can explain to jurors the medical practices and procedures. Expert witnesses can be difficult because they have to carefully review a vast amount of data to make decisions in accordance with facts rather than opinion. They should also be prepared to testify about facts that could contradict their opinion.

In the Daubert case the plaintiffs' experts argued that Bendectin was the cause of their child's birth defects. The judge concluded that the evidence was on the "cutting edge of research in science, where fact is matched by theory, and certainty turns into probabilities." However, the judge did not believe there was enough evidence to support the claim that Bendectin doubled a baby's chance of developing birth defects.

The Daubert decision was a setback to plaintiffs who had filed a lawsuit against pharmaceutical companies an effort to obtain justice. Nonetheless, there are still numerous avenues that an injured person could pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer can assist victims about whether they are eligible for a right to sue. A lawyer can assist plaintiffs determine whether they are eligible to file an individual lawsuit or a class action. In some instances an attorney may be able to start a lawsuit for birth injuries as part of multidistrict litigation. Complete the form below to receive a private and free consultation with an attorney.

Representation

Although modern technology and recent advances in the field of medicine have drastically reduced the chance of complications during pregnancy and childbirth but they aren't completely eliminated. When a birth defect or injury occurs and the cause was preventable parents may seek legal action to cover costs associated with treatment.

Medical negligence claims are typically due to a doctor's failure to diagnose or treat a disease. For example, a physician may fail to conduct an ultrasound screening or make an error during surgery, which could result in a birth defect like spina bifida. Other causes for a birth defect lawsuit include an ineffective medication for the mother or exposure to chemicals or other environmental hazards while the baby is developing in the womb.

A birth defect can affect any part of a newborn's body, and affect their health, function and appearance. In certain instances, a birth defect can severely reduce a baby's life expectancy, or cause a significant amount of medical costs.

If you suspect the birth defect or injury was the result of medical malpractice or negligent care during labor or pregnancy seek out a qualified birth defect attorney today. A lawyer can assist you discover your options and submit a claim before the statute of limitations expires. A lawyer can also negotiate an agreement with the responsible parties for the injury suffered by your infant.