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How to File a Birth Defect Lawsuit

Modern technology and advancements in medicine have dramatically reduced the risk of the birth of a child. But, a birth defect or injury can still happen frequently.

A birth defect lawsuit seeks to recover for defect your child's medical expenses education costs, as well as other losses. You must prove that the medical professional involved breached the standard of treatment during or prior to the pregnancy or birth.

Damages

Pregnancy can be one of the most exciting yet nerve-wracking experiences during the lifetime of a parent. Parents want their babies to be perfect, and doctors strive to do all they can to stop birth defects from occurring. Unfortunately, carelessness and defect negligence on the part of medical practitioners can increase the risk of birth defects and injuries. If this happens the family of the victim should consider seeking justice through a birth defect lawsuit.

A successful birth defect lawsuit can result in damages for a range of different things. This can include the suffering and suffering and loss of consortium medical expenses and lost earning capacity. The amount of damages a victim will receive depends on the severity of the child's condition and how it has affected their quality of living.

Birth defects and birth injuries can be caused by a variety of factors which include 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 lawsuits against companies that have exposed workers to these hazardous chemicals, as well as against pharmaceutical companies who have manufactured products that cause birth defects in fetuses, like DES.

If you suspect that your child's birth defect or injury was caused by medical negligence, you must consult a reputable birth defect lawyer as quickly as possible. In certain states, you have only one year to file a medical malpractice suit, and waiting longer than that could result in losing the chance to receive the justice you need for your child's injuries.

Statute of limitations

A statute of limitation is a law that establishes the deadline for someone to file a civil lawsuit. If a claimant fails to file by the deadline, they will lose their right to seek damages from a defendant. Birth injury cases could have more complex statutes of limitations than other types of medical malpractice claims.

A lawsuit is typically filed against the doctor or the hospital that caused injuries to a patient during labor and delivery. These cases are sometimes referred to birthing injury lawsuits or wrongful birth defect lawsuits lawsuits although Florida's laws permit parents to file a malpractice suit for the death of a baby.

In a case of medical malpractice the plaintiff must prove that the doctor at fault was not adhering to the standards of care and consideration any other medical professional would have applied in similar circumstances. This could include failing to recognize a serious condition such as low oxygen levels in childbirth which can lead to cerebral palsy and brain damage.

The first step in filing a birth defect lawsuit is to reach an experienced attorney. A majority of attorneys offer free consultations and case review to prospective clients. If the attorney believes that a client has a valid claim they will look over medical records and employ experts to examine them. They will also assist with the preparation of documents and file the medical malpractice lawsuit on time.

Expert Witnesses

In cases with birth injuries, it is essential to have medical experts who are able to explain to jurors the medical procedures and practices. Expert witnesses aren't easy to work with because they must carefully examine massive amounts of evidence and be able to make decisions based upon facts rather than their opinions. They must also be able to testify regarding facts that might conflict with their positions.

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

The Daubert decision was an affront to plaintiffs who had filed lawsuits against pharmaceutical companies in seeking justice. However, there are various ways in which an injured person could pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer can assist victims about whether they are eligible for an opportunity to file a claim. Lawyers can assist plaintiffs determine if they are qualified to file a lawsuit on their own or a class action. In certain cases lawyers may be able to file a birth injury lawsuit as part of multidistrict litigation (MDL). To get started you must fill out the form on this page to request a an initial consultation for free and confidential with a reputable lawyer.

Representation

Although modern technology and recent developments in the field of medicine have drastically reduced the chance of complications during pregnancy and childbirth, 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 recover the costs related to treatment.

Medical negligence claims are usually caused by a doctor's inability to diagnose or treat a disease. For instance, a physician might fail to conduct an ultrasound screening or make a mistake during surgery, which could result in a birth defect such as spina bifida. Other common causes of a birth defect lawsuit include an ineffective medication for the mother or exposure to chemicals or other environmental dangers while the baby is developing in the womb.

A birth defect can affect any part of the body of a baby and affect their health, functioning and appearance. In some instances, a birth defect can severely reduce a baby's life expectancy or lead to an enormous amount of medical costs.

If you suspect that your child's birth defect or injury was due to medical malpractice or negligent care during labor or pregnancy get in touch with a reputable birth defect attorney today. A lawyer can help discover your options and submit a claim before the statute of limitations expires. A lawyer may also be capable of negotiating the settlement on your behalf with the parties responsible for your child's injuries.