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How to File a Birth Defect Lawsuit

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

A birth defect lawsuit seeks reimbursement for your child's medical expenses, educational costs, and other expenses. To be able to pursue a claim, you need to demonstrate that medical professionals did not meet the standard of care prior to or during pregnancy or delivery.

Damages

Pregnancy can be one of the most exciting, yet nerve-wracking times in the life of a parent. Parents want their babies to be perfect, and doctors strive to do everything they can to prevent birth defects from occurring. However, carelessness and negligence on the part of medical practitioners can increase the chance of birth injuries and birth defects. If this happens the family of the victim may want to seek justice through a birth defect lawsuit.

A successful birth defect lawsuit can result in damages for a variety of different things. This can include pain and suffering for the victim as well as loss of consortium and Birth Defect medical costs, as well as loss of earning capacity. The amount of damages that the victim will receive is contingent on the severity of the child's condition and how it has affected their quality of life.

Birth injuries and birth defects can be caused by a number of causes, including exposure to environmental factors. Studies have proven that certain chemicals, like fungicides, pesticides, lead, paints and heavy metals may increase the risk of birth defects. Birth defect lawyers have filed lawsuits against companies that exposed workers to these hazardous chemicals, as well as against pharmaceutical companies who have manufactured drugs that can cause birth defects in fetuses like DES.

If you suspect that your child's birth defect or birth injury was the result of medical negligence, you must seek out a skilled birth defect lawyer as soon as possible. In some states, you have only one year to file a lawsuit for medical malpractice. If you delay and you don't, your child will never receive the justice they deserve.

Statute of Limitations

A statute of limitations is a law that determines the deadline for when a person is allowed to file a civil claim. If a claimant fails to file by the deadline, they will lose their right to seek damages from a defendant. Birth injury cases can have more complicated statutes of limitations than other types of medical malpractice claims.

A lawsuit is usually filed against the hospital or doctor who caused injury to a patient during labor and delivery. These types of cases are typically known as birthing injury lawsuits or wrongful birth suits however Florida's laws permit parents to pursue a medical malpractice suit to bring a child's death.

To prove medical negligence, the person who was injured must prove that the doctor at fault was not able to meet the level of care and consideration required by a different health care provider in similar circumstances. This includes failing in diagnosing an illness of serious severity like low oxygen levels during childbirth that can cause cerebral palsy or brain damage.

The first step to file a birth defect lawsuit is to get in touch with a skilled attorney. The majority of lawyers offer free consultations for potential clients. If an attorney is convinced that the client's claim is legitimate they will examine the medical records of the client, and they will hire experts to evaluate the evidence. They can also assist in the preparation of documents and file the medical malpractice lawsuit on time.

Expert Witnesses

In a birth injury case it is essential to have experts who can explain medical procedures and practices to a jury. Expert witnesses can be difficult as they have to carefully review the vast amount of information in order to make a decision based on fact rather than opinions. They must also be able to testify regarding information that might contradict their beliefs.

In the Daubert case the plaintiffs' experts suggested that Bendectin contributed to their child's birth defects. The judge concluded that the evidence was on the "cutting edge of scientific research, where fact meets theory and the certainty transforms into probabilities." However, the judge did not believe there was sufficient evidence to prove that Bendectin increased the chance of developing birth defects.

The Daubert decision was a blow to plaintiffs who had sued pharmaceutical companies in seeking justice. But there are various ways in which an injured party may pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer can assist victims on whether they're eligible for a claim. Lawyers can assist plaintiffs determine whether they are qualified to file a lawsuit on their own or a class action. In certain instances, a lawyer can make a birth injury claim in the context of multidistrict litigation (MDL). To begin you must fill out the form on this page to request a an initial consultation for free and confidential with a professional attorney.

Representation

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

Medical negligence claims usually stem from a doctor's failure to recognize or treat a problem. For instance, a doctor might fail to conduct an ultrasound examination or make an error during surgery, resulting in a birth defect, such as spina bifida. Other common causes of a birth defect lawsuit include improper medication for the mother or exposure to chemicals or other environmental dangers while the baby is growing in the womb.

A birth defect can affect any part of the body of a baby and affect their health, performance and appearance. In certain instances, a birth defect can drastically reduce a baby's lifespan or result in significant medical expenses.

If you suspect that the birth defect or injury is the result of medical malpractice or negligent care during pregnancy or labor consult a certified birth defect law firms defect attorney today. A lawyer can assist you to identify your options and submit a claim before the time limit expires. A lawyer can also negotiate a settlement with the responsible parties for the injury of your child.