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How to File a Birth Defect Lawsuit

Modern technology and advancements in medicine have dramatically reduced the risk of birth. Birth defects or injuries occur frequently.

A birth defect lawsuit seeks to pay your child's medical expenses, educational costs as well as other losses. You must prove that the medical professional involved breached the standard of care prior birth defect lawyers to or during the birth or delivery.

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 everything possible to prevent birth defects from occurring. Unfortunately, carelessness and negligence on the part of medical professionals can increase the chance of birth injuries and defects. A family that is shocked by this news should think about seeking legal action for a birth defect.

A successful birth defect lawsuit can result in damages for a number of different things. This includes suffering for the victim, loss of consortium and medical expenses, not to mention lost earning capacity. The amount of the damages a victim is awarded will depend on the severity of their child's medical condition and the extent to which it has interfered with their quality of life.

Environmental exposures can result in birth defects and birth injuries. Studies have revealed that certain chemicals, such as pesticides, fungicides lead, paints and heavy metals may increase the chance of birth defects. Birth defect lawyers have brought lawsuits against companies that have exposed workers to these hazardous chemicals, as well as against pharmaceutical companies that have made products that cause birth defects in fetuses, such as DES.

If you suspect that your child's birth defect, or birth injury was caused by medical negligence, you must consult a reputable birth defect lawyer as quickly as you can. In certain states, you only have one year to file a lawsuit for medical malpractice. If you delay it could mean that your child will not receive the justice they deserve.

Statute of Limitations

A statute of limitation is a law which establishes the time limit for an individual to file a civil lawsuit. A person who misses the deadline will lose the right to seek damages from a defendant. Birth injury cases may have more complicated statutes of limitations than other types of medical malpractice claims.

A lawsuit is usually filed against the medical professional or hospital who caused the patient's injuries during labor and delivery. These cases are often referred to birthing injury lawsuits or wrongful birth lawsuits, however Florida's laws permit parents to file a malpractice suit in the event of the death of a child.

In order to prove medical malpractice, the victim will need to show that the doctor who was at fault did not adhere to the standard of care and consideration required by a different health care provider in similar circumstances. This includes failing in diagnosing a serious condition, such as low levels of oxygen in the childbirth process that cause cerebral palsy or brain damage.

Contacting a reputable attorney is the first step to filing a lawsuit against birth defect legal defects. A majority of attorneys offer free consultations and reviews of cases to potential clients. If an attorney is convinced that the client's claim is legitimate, they will review the medical records of the client and then hire experts to evaluate the records. They can also assist in the preparation of documents and file the medical malpractice lawsuit on time.

Expert Witnesses

In a case involving birth injuries, it is important to have experts who can explain medical practices and procedures to jurors. Expert witnesses can be difficult since they must carefully examine an extensive amount of information to be able make decisions that are based on evidence rather than opinion. Furthermore, they should be able to testify regarding information that might contradict their opinions.

In the Daubert Case, the plaintiffs' expert suggested that Bendectin was the cause of the birth defect of their child. The judge concluded that the evidence was "at the cutting-edge of scientific research, where science meets theories and the certainty is transformed into probabilities." However, he did not believe there was sufficient evidence to prove that Bendectin caused birth defects.

The Daubert ruling was a setback for plaintiffs who had sued pharmaceutical companies in order to win justice. There are many ways for a victim to bring a lawsuit based on a birth defect.

A Philadelphia birth defect attorney can assist those suffering from birth defects to determine whether they have a case. A lawyer can help plaintiffs determine whether they are qualified to file a lawsuit as an individual or a class action. In certain cases a lawyer may bring a birth injury lawsuit as part of multidistrict lawsuit (MDL). Please fill out the form below for a confidential and free consultation with an attorney.

Representation

Modern technology and recent advances in medical technology may have decreased the chance of complications arising during pregnancy and childbirth, but they're still not completely eliminated. Parents can take legal action if a birth defect or birth injury occurs, and the cause could have been prevented.

Medical negligence claims are usually due to a doctor's failure to diagnose or treat a disease. For example, a physician may not perform an ultrasound exam or make a mistake during surgery, resulting in a birth defect similar to spina bifida. Other causes for birth defect lawsuits 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 may affect any part of the body of a newborn which can affect their appearance, health and functionality. In some instances birth defects can shorten the life span of a child or trigger major medical expenses.

Contact an attorney for birth defect claim defects immediately if you believe the birth injury or defect was caused by medical negligence or malpractice during pregnancy or labor. A lawyer can assist you in understanding your options and assist you to make a claim before the statute of limitation expiring. A lawyer might also be able to negotiate a settlement on behalf of you with the responsible parties for your infant's injury.