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How to File a Birth Defect Lawsuit

Modern technology and advancements in medicine have dramatically reduced the risks associated with birth. Birth defects or injuries continue to occur often.

A birth defect lawsuit seeks to compensate your child for medical expenses, educational costs as well as other losses. To be able to pursue a claim, you need to demonstrate that a medical professional violated the standard of care prior to or during pregnancy or delivery.

Damages

Pregnancy is one of the most exciting and nerve-wracking experiences a parent can experience. Parents want their children to be perfect, and doctors do everything they can to avoid birth defects. Unfortunately, negligence and carelessness on the part of medical practitioners can increase the risk of birth injuries and defects. A family who is shocked by this circumstance should think about taking legal action to remedy a birth defect.

A successful birth defect lawsuit could result in damages for a range of different things. This includes the victim's suffering and suffering as well as loss of consortium, medical expenses and lost earning capacity. The amount of damages a person suffers will depend on the severity of their child's medical condition and the extent to which it has affected in their quality of life.

Environmental exposures can result in birth defects and birth defect legal injuries. Studies have revealed that certain chemicals like pesticides, fungicides lead, paints and heavy metals can increase the likelihood of birth defects. Birth defect lawyers have filed lawsuits against companies that exposed employees to harmful chemicals as well as pharmaceutical companies that manufacture drugs such as DES that can cause birth defects in fetuses.

If you suspect that medical negligence caused your child's birth injury or birth defect, it is recommended to consult a lawyer for birth defect litigation defects immediately. In some states, there's only one year to file a medical malpractice suit, and waiting any longer than that could mean losing the chance to receive the justice you need for your child's injuries.

Statute of limitations

A statute of limitations is a law that determines the time limit for a person to file a civil claim. If a person fails to meet the deadline, they lose the right to claim damages from the defendant. Birth injury cases may have more complicated statutes of limitations than other types of medical malpractice cases.

A lawsuit is usually brought against the hospital or doctor that caused an injury to patients during labor or 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 for the death of a baby.

In a case of medical malpractice, the injured party must prove that the doctor at fault did not adhere to the expected level of care and consideration that any other medical professional would have applied in similar circumstances. This could include failing to recognize an illness that is serious, for example, low levels of oxygen during childbirth which can lead to cerebral palsy and brain damage.

Finding a reputable attorney is the first step towards filing an action for birth defects. A majority of attorneys offer free consultations to prospective clients. If an attorney believes that the client's claim is legitimate they will look over the medical documents of the client and then hire experts to evaluate the evidence. They will also assist with the preparation of documents and file the medical malpractice lawsuit within the timeframe.

Expert Witnesses

In a case involving a birth injury it is essential to have experts who can explain medical practices and procedures before a jury. Expert witnesses can be difficult because they have to carefully review an extensive amount of information to be able make decisions that are based on evidence rather than opinion. They should also be prepared to testify about facts that might contradict their beliefs.

In the Daubert Case, the plaintiffs' expert suggested that Bendectin is the reason for their child's birth defect. The judge concluded that the evidence was "at the forefront of scientific research, where science meets theories and the certainty is transformed into probabilities." However he was not convinced there was enough evidence that Bendectin caused birth defects.

The Daubert ruling was a setback for the plaintiffs, who had sued pharmaceutical companies to get justice. There are numerous avenues that an injured person can pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer can assist those suffering from birth defect settlement defects to determine if they have a case. A lawyer can decide if the plaintiff is able to file a lawsuit individually or as part of an action class. In some cases attorneys can start a lawsuit for birth injury as part a multidistrict litigation. To get started complete the form on this page for a free and confidential consultation with a licensed lawyer.

Representation

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

Medical negligence claims tend to be result from a doctor's inability diagnose or treat a condition. Physicians may not perform an ultrasound or make a mistake in surgery, resulting in birth defects, such as spina bifida. Birth defects can also be caused by improper medication taken by the mother, or exposure to chemicals and other environmental dangers during the child's development during the womb.

A birth defect can affect any part of the body of a baby and affect their health, function and appearance. In certain cases birth defects can shorten the lifespan of a baby or result in significant medical costs.

Contact an attorney for birth defects today if you believe that your child's birth injury or defect was caused by medical negligence or mistakes during labor or pregnancy. A lawyer can provide you with your options and assist you submit a claim prior to the statute of limitation expiring. A lawyer may also be competent to negotiate a settlement on behalf of you with the parties accountable for the injury to your child.