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How to File a Birth Defect Lawsuit

Modern medical technology and medicine have drastically decreased the risks of childbirth. birth defect law firm defects or injuries occur often.

A birth defect lawsuit seeks to pay your child's medical expenses, educational costs and other damages. To be able to file a claim, you must establish that medical professionals did not meet the standard of care prior to pregnancy or the birth of your child.

Damages

Pregnancy is among the most exciting and nerve-wracking moments in the life of a parent. Parents want their babies perfect and doctors do everything to avoid birth defects. However, carelessness and negligence on the part of medical professionals can increase the risk of birth injuries and birth defects. In the event of this happening an astonished family should consider seeking justice through a birth defect lawsuit.

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

Environmental exposures can result in birth defects and birth injuries. Studies have proven 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 workers to these hazardous chemicals, as well as against pharmaceutical companies that have produced medications that can cause birth defects in fetuses, such as DES.

If you suspect that your child's birth defect or injury was the result of medical malpractice, it is important to speak with a skilled birth defect lawyer as soon as possible. In certain states, you only have one year to file a lawsuit claiming medical malpractice. If you wait longer, it could mean that your child will never receive the justice they deserve.

Statute of limitations

A statute of limitations is a law which establishes the deadline for an individual to file an action in civil court. If a person fails to meet the deadline, they will lose their right to seek damages from the defendant. Birth injury claims have a more complicated time limit than other medical malpractice claims.

A lawsuit is usually filed against the hospital or doctor that caused injuries to a patient during labor and delivery. These cases are commonly called birthing injury lawsuits or wrongful birth suits though Florida's laws allow parents to bring a medical malpractice lawsuit for an infant's death.

In order to prove medical malpractice, the party who suffered will need to show that the doctor who was at fault was not able to meet the level of care and consideration required by a different health healthcare provider in similar circumstances. This includes failing in diagnosing an illness that is serious such as low oxygen levels during childbirth that result in cerebral palsy and 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 to potential clients. If the lawyer believes that a client has a valid case, they will look into medical records and engage experts to evaluate their credibility. They can also assist in the preparation of documents and filing the medical malpractice suit within time.

Expert Witnesses

In a case which involves birth injuries, it's essential to have medical experts who are able to explain to jurors the medical procedures and practices. Expert witnesses can be difficult to testify because they must scrutinize a large amount of information to be able to make decisions in accordance with facts rather than opinions. In addition, they must be prepared to testify about information that might contradict their opinions.

In the Daubert Case, the plaintiffs' expert suggested that Bendectin was the cause of their child's birth defect. The judge concluded that the evidence was at the "cutting edge of scientific research, where fact meets theory and certainty dissolves into probabilities." However the judge did not believe there was sufficient evidence to prove that Bendectin doubled the chances of developing birth defects.

The Daubert ruling was a setback to the plaintiffs, who had suing pharmaceutical companies in order to achieve justice. There are numerous avenues for a person who has suffered injury to pursue a lawsuit over a birth defect.

A Philadelphia birth defect lawyer can help victims about whether they have an opportunity to file a claim. A lawyer can assist clients determine if they're qualified to file a lawsuit on their own or a class action. In certain cases an attorney may be able to file a lawsuit for birth injuries as part of an interdistrict litigation. Fill out the form below to get a confidential and free consultation with an attorney.

Representation

Although modern technology and recent advances in medicine have greatly reduced the risk of complications during childbirth and pregnancy but they aren't completely eliminated. If a birth defect injury occurs, and the cause could have been avoided, parents may pursue legal action to pay for the costs associated with treatment.

Medical negligence claims tend to be caused by a doctor's inability to identify or treat an illness. For instance, a physician might fail to conduct an ultrasound screening or make mistakes during surgery, resulting in a birth defect similar to spina bifida. Birth defects can be caused by improper medication taken by the mother or exposure to chemicals or other environmental hazards during the baby's development during 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 birth defects may reduce the lifespan of a baby or result in substantial medical expenses.

Contact a birth defect lawyer today if you believe that the birth injury or defect was the result of medical negligence or malpractice during pregnancy or labor. A lawyer can explain your options and help make a claim prior the statute of limitation expiring. A lawyer may also be capable of negotiating an agreement on your behalf with the parties responsible for your infant's injury.