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How to File a Birth Defect Lawsuit

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

A birth defect lawsuit seeks reimbursement for your child's medical expenses as well as educational costs and other losses. You must prove that the medical professional in question has violated the standard medical care prior to or during the birth or delivery.

Damages

Pregnancy is one of the most exciting and stressful moments in the life of a mother. Parents want their children to be perfect, and doctors work to do everything they can to stop birth defects from happening. Unfortunately, negligence and carelessness on the part of medical practitioners can increase the chance of birth injuries and birth defects. A family who is shocked by this news should think about suing for a birth defect.

A successful birth defect lawsuit could result in damages for a range of different things. This includes suffering and pain for the victim as well as loss of consortium, medical expenses, as well as loss of earning capacity. The amount of damages the victim will be awarded is contingent on the severity of the child's condition, and how much it has affected their quality of living.

Birth injuries and birth defects can be caused by a variety of causes such as exposure to environmental factors. Research has shown that certain chemicals, such as pesticides, fungicides, lead, paints and heavy metals may increase the likelihood of birth defects. Birth defect lawyers have filed lawsuits against companies that have exposed workers to these toxic chemicals, as well against pharmaceutical companies that have made medications that can cause birth defects in fetuses, like DES.

If you suspect that medical error caused the birth injury of your child or birth defect, you must consult a lawyer for birth defects immediately. In certain states, you only have one year to file a lawsuit against medical malpractice. If you delay and you don't, your child will never receive the justice they deserve.

Statute of limitations

A statute of limitation is a law that sets the time limit for filing an action in civil court. If a claimant fails to file by the deadline, they lose their right to recover 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 doctor or the hospital who caused the patient's injuries during labor and delivery. These cases are commonly called birthing injuries lawsuits or wrongful birth suits, though Florida's laws allow parents to make a claim for medical malpractice in the event of a baby's death.

In a medical malpractice case the injured party must prove that the doctor at fault failed to adhere to the expected level of care and consideration another medical professional would have followed in similar circumstances. This includes not being able to identify a serious condition for example, low levels of oxygen during childbirth that cause cerebral palsy or brain damage.

Contacting a reputable attorney is the first step to file a lawsuit for birth defects. Many attorneys provide free consultations and case reviews for prospective clients. If the attorney believes a client has a valid claim, they will look into medical records and hire experts to review the evidence. They will also help prepare documents and file the medical malpractice suit on time.

Expert Witnesses

In a case involving a birth injury it is essential to have experts who can explain medical procedures and practices to jurors. Expert witnesses can be difficult to testify because they must carefully examine a large amount of information to be able to make decisions in accordance with facts rather than opinions. Furthermore, they should be willing to testify about facts that might conflict with their positions.

In the Daubert case the plaintiffs' experts claimed that Bendectin was the cause of their child's birth defects. The judge ruled that the evidence was on the "cutting edge of research in science, where fact meets theory and the certainty transforms into probabilities." However the judge did believe there was enough evidence to prove that Bendectin doubled a baby's chance of developing birth defects.

The Daubert decision was an affront to plaintiffs who had filed a lawsuit against pharmaceutical companies an effort to obtain justice. But there are numerous avenues that an injured person could pursue a lawsuit for birth defects.

A Philadelphia birth defect law firm defect lawyer can assist those suffering from birth defects to determine if they have a case. A lawyer can determine if an individual plaintiff is eligible to file a suit on their own or as part of a class action. In certain cases, an attorney can make a claim for birth injuries as part an interdistrict litigation. To begin by filling out the form here for an initial consultation for free and confidential with a qualified attorney.

Representation

While modern technology and recent advances in the field of medicine have significantly reduced the risk of complications during childbirth and pregnancy but they aren't completely eliminated. Parents can pursue legal action if they suffer a birth injury or defect occurs, and the cause could have been prevented.

Medical negligence claims are usually caused by a doctor's inability to diagnose or treat an illness. A physician may fail to perform an ultrasound or make a mistake in surgery, leading to birth defects such as spina bifida. Birth defects can be caused by a wrong medication that is taken by the mother, or exposure to chemicals and other environmental dangers that can affect the development of the baby in the womb.

A birth defect could affect any part of the newborn's body, affecting their appearance, health and functioning. In certain instances birth defects can dramatically reduce a child's life expectancy or lead to a significant amount of medical costs.

Contact an attorney for birth defects today if you suspect that the birth defect or birth injury was the result of medical negligence or malpractice during pregnancy or labor. A lawyer can assist you discover your options and make a claim prior to the deadline for filing a claim expires. A lawyer can also negotiate a settlement with the responsible parties for the injury of your child.