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How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have drastically reduced the risks associated with birth. But, a birth defect law firms 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 expenses. You must prove that the medical professional who was involved breached the standard of care prior to or during the birth or during pregnancy.

Damages

Pregnancy is among the most exciting and stressful times in a parent's life. Parents want their children to be perfect, and doctors attempt to do their best to stop birth defects from occurring. However, carelessness and negligence on the part of medical professionals can increase the risk of birth injuries and birth defects. When this occurs an astonished family might want to pursue justice via a birth defect lawsuit.

A successful birth defect lawsuit could result in damages for a number of different things. These include the victim's suffering and suffering and loss of consortium, medical expenses and lost earning capacity. The amount of the damages a victim is awarded will depend on the severity of their child's condition and the extent to which it has impacted with their quality of life.

Birth injuries and birth defects can be caused by a number of factors which include exposure to environmental factors. Research has shown that certain chemicals, like fungicides, pesticides 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 against pharmaceutical companies who have manufactured drugs that can cause birth defects in fetuses, such as DES.

If you suspect that your child's birth defect or injury was caused by medical malpractice, it is important to seek out a skilled birth defect lawyer as quickly as you can. In certain states, you are given one year to file a suit for medical malpractice. If you delay this could mean that your child won't get the justice they deserve.

Statute of Limitations

A statute of limitation is a law that defines the deadline for filing a civil lawsuit. If someone misses the deadline, they will lose their right to seek damages from a defendant. Birth injury claims can be more complex in terms of the time limit than other medical malpractice claims.

A lawsuit is typically brought against the hospital or doctor that caused an injury to a patient during labor and birth. These cases are often known as birthing injuries lawsuits or wrongful birth lawsuits, however Florida's laws allow parents to file a malpractice suit in the event of the death of a child.

In a medical malpractice lawsuit the victim must prove the at-fault doctor failed to adhere to the standards of care and consideration that other health care providers would have followed in similar circumstances. This includes failing to recognize a serious condition such as low levels of oxygen in the childbirth process which can lead to cerebral palsy and brain damage.

The first step to file a birth defect lawsuit is to speak with a skilled attorney. A majority of attorneys offer free consultations to prospective clients. If the attorney believes a client has a valid case, they will examine medical records and appoint expert witnesses to assess the case. They can also assist in the preparation of documents and filing the medical malpractice lawsuit in time.

Expert Witnesses

In a case which involves birth injuries, it is crucial to have medical experts who are able to provide a jury with the medical procedures and practices. Expert witnesses can be difficult to work with as they must scrutinize huge amounts of evidence and be able to make decisions based upon facts rather than opinions. They should also be able to testify on evidence that may conflict with their position.

In the Daubert case the plaintiffs' experts argued that Bendectin was the cause of their child's birth defects. The judge found that the evidence was on the "cutting edge of research in science, where reality is matched by theory, and certainty turns into probabilities." However the judge did not believe that 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 a lawsuit against pharmaceutical companies an effort to obtain justice. But there are many ways that an injured person could pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer can help victims on whether they have a claim. Lawyers can assist plaintiffs determine whether they are eligible to file a personal lawsuit or a class action. In some instances lawyers can start a lawsuit for birth injury as part of an interdistrict litigation. Fill out the form to get a confidential and free consultation with an attorney.

Representation

Although the latest technology and developments in the field of medicine have greatly reduced the risk of complications during pregnancy and childbirth However, they aren't eliminated. When a birth defect or injury occurs, and the cause is preventable, parents can seek legal action to cover the costs related to treatment.

Medical negligence claims often stem from a doctor's failure to properly diagnose or treat a problem. For example, a physician could neglect to perform an ultrasound screening or make an error during surgery, resulting in a birth defect like spina bifida. Other common causes of a birth defect lawsuit include insufficient medication for the mother or exposure to chemicals or other environmental hazards as the baby develops in the womb.

A birth defect can affect any part of a newborn's body, and impact their health, function 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 think the birth defect or injury was due to medical malpractice or negligent care during labor or birth get in touch with a reputable birth defect lawyer today. A lawyer can help you discover your options and make a claim prior to the statute of limitations expires. A lawyer can also negotiate an agreement with the parties responsible for the injury suffered by your infant.