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How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have drastically reduced the risk of childbirth. Birth defects or injuries occur often.

A birth defect lawsuit seeks to recover for medical expenses of your child or educational costs, among other losses. To pursue a claim, you must prove that a medical professional breached the standard of care prior to or during pregnancy, or during the delivery.

Damages

Pregnancy can be one of the most exciting yet nerve-wracking times in a parent's lifetime. Parents want their babies perfect and doctors do their best to prevent birth defects. Unfortunately, carelessness and negligence on the part of medical professionals can increase the chance of birth injuries and birth defects. When this occurs families that are shocked might want to pursue justice via a birth defect lawsuit.

A successful birth defect lawsuit can result in damages for a multitude of different things. This includes suffering for the victim, loss of consortium and medical expenses, not to mention loss of earning capacity. The amount of damages that the victim will be awarded is contingent on the severity of the child's illness and how much it has affected their quality of living.

Birth defects and birth injuries can be caused by a variety of factors that include exposure to environmental factors. Research has shown that certain chemicals, like pesticides, fungicides lead, paints and heavy metals can increase the risk of birth defects. Birth defect lawyers have filed lawsuits against companies that exposed workers to harmful chemicals as well as pharmaceutical companies that manufacture drugs like DES that can cause birth defects in fetuses.

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

Statute of Limitations

A statute of limitations is a law which defines the time limit for a person to file a civil claim. If someone misses the deadline, they will lose the right to claim damages from a defendant. Birth injury claims have a more complicated time limit than other medical malpractice claims.

A lawsuit is usually filed against the doctor or hospital who caused injury to a patient during labor and delivery. These cases are sometimes referred to as birthing injury lawsuits or wrongful birth lawsuits, however, Florida's laws allow parents to file a malpractice lawsuit in the event of the death of an infant.

In a lawsuit for medical malpractice, the injured party must prove that the doctor at fault did not follow the standard of care and consideration that another health care provider would have utilized in similar circumstances. This includes failing to diagnose a serious illness, such as low levels of oxygen during childbirth which can lead to cerebral palsy and brain damage.

The first step to file a birth defect lawsuit is to speak with an experienced attorney. The majority of lawyers offer free consultations and reviews of cases to prospective clients. If the lawyer believes that a client has a valid claim they will review medical records and engage expert witnesses to assess them. They will also help prepare documents and file the medical malpractice lawsuit in time.

Expert Witnesses

In a case involving a birth injury, it is important to have experts who can explain medical practices and procedures to a jury. Expert witnesses can be difficult as they have to carefully review the vast amount of information to be able to make decisions that are based on evidence rather than opinion. They should also be prepared to testify on facts that could contradict their opinion.

In the Daubert Case, the plaintiffs' expert suggested that Bendectin was responsible for the birth defect in their child. The judge ruled that the evidence was at the "cutting edge of research in science, where reality meets theory and the certainty transforms into probability." However the judge did not believe that there was sufficient evidence that Bendectin increased the chance of developing birth defects.

The Daubert decision was a setback to plaintiffs who had sued pharmaceutical companies in the hope of obtaining justice. But there are many ways that the injured party could pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer can assist victims in determining if they have a case. A lawyer can help plaintiffs determine whether they are eligible to file a lawsuit on their own or a class action. In certain situations, a lawyer can start a lawsuit for birth injuries as part of multidistrict lawsuit (MDL). Fill out the form below for a confidential and free consultation with an attorney.

Representation

Modern technology and recent advancements in the medical field may have reduced the risk of complications occurring during childbirth and pregnancy, but they are not 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 often due to a doctor's failure to diagnose or treat an illness. A doctor might fail to diagnose an ultrasound or make a mistake in surgery, leading to birth defects such as spina bifida. Other causes for a birth defect lawsuit include an ineffective medication for the mother or exposure to chemicals or other environmental hazards as the baby is developing in the womb.

A birth defect could affect any part of the newborn's body that can affect their health, appearance and performance. In certain instances, a birth defect can severely reduce a baby's life expectancy, or cause an enormous amount of medical costs.

If you suspect your child's birth defect or injury was due to negligence or medical malpractice during labor or birth seek out a qualified birth defect attorney today. A lawyer can assist you in understanding your options and help you file a claim prior to the time limit expiring. A lawyer can also negotiate an agreement with the parties responsible for the injury of your infant.