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How to File a Birth Defect Lawsuit

Modern technology and medicine have dramatically reduced the risks of childbirth. But, a birth defect or injury is still a common occurrence.

A birth defect lawsuit seeks compensation for your child's medical expenses education costs, as well as other losses. You must prove that the medical professional involved violated the standard 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 babies to be perfect, and doctors attempt to do everything possible to prevent birth defects from occurring. Unfortunately, negligence and carelessness on the part of medical professionals can increase the chance of birth injuries and birth defects. When this occurs, a stunned family may want to seek justice through a birth defect lawsuit.

A successful birth defect lawsuit could result in damages for a variety of different things. This can include the pain and suffering, loss of consortium, medical expenses, and loss of earning capacity. The amount of compensation an individual victim will be awarded depends on the degree of the child's health and how it has affected their quality of life.

Birth injuries and birth defects can be caused by a number of causes that include environmental exposures. Studies have shown that certain chemicals such as pesticides, fungicides lead, paints and heavy metals may increase the risk of birth defects. Birth defect lawyers have brought lawsuits against companies that exposed workers to harmful chemicals, and also against pharmaceutical companies that have produced drugs that can cause birth defects in fetuses like DES.

If you suspect that your child's birth defect, or birth injury was the result of medical negligence, you must consult a skilled birth defect lawyer as soon as you can. In some states, you are given one year to file a lawsuit against medical malpractice. If you put off filing a lawsuit for a longer period it could mean that your child will not receive the justice they deserve.

Statute of Limitations

A statute of limitations is a law which defines the time limit for a person to file a civil action. Anyone who fails to meet a deadline will lose the right to claim damages against a defendant. Birth injury cases can have a more complicated statute of limitations than other medical malpractice claims.

A lawsuit is typically brought against the hospital or doctor who caused injury to a patient during labor and birth. These cases are sometimes called birthing injury lawsuits or wrongful birth lawsuits however, Florida's laws allow parents to file a malpractice suit in the event of the death of a child.

In a medical malpractice lawsuit the victim must prove that the doctor at fault failed to adhere to the standards of care and consideration that other health care providers would have followed in similar circumstances. This includes failing to recognize an illness that is serious for example, low levels of oxygen during childbirth that can cause cerebral palsy and brain damage.

The first step to file a birth defect lawsuit is to speak with an experienced attorney. Most attorneys offer free consultations to potential clients. If an attorney is convinced that the claim of a client is legitimate they will examine the medical records of the client, and Birth Defect they will hire experts to assess the records. They can also assist in the preparation of documents and file the medical malpractice lawsuit within time.

Expert Witnesses

In a case involving a birth injury, it is important to have experts who can explain medical procedures and practices to jurors. Expert witnesses can be difficult since they have to carefully review an extensive amount of information to be able to make decisions based on facts, not opinions. They should also be able to provide evidence on matters that might contradict their position.

In the Daubert case, the plaintiffs' experts claimed that Bendectin contributed to their child's birth defects. The judge concluded that the evidence was on the "cutting edge of scientific research, where fact meets theory, and certainty transforms into probabilities." However the judge did believe there was sufficient evidence to support the claim that Bendectin doubled the chances of developing birth defects.

The Daubert ruling was a setback for the plaintiffs, who had sued pharmaceutical companies in order to obtain justice. But there are various ways in which an injured person can pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer can provide victims with advice about whether they have claims. A lawyer can determine whether the plaintiff is able to file a lawsuit on their own or as part of a class action. In certain cases lawyers can make a birth injury claim as part of multidistrict litigation (MDL). To begin, fill out the form on this page for the opportunity to have a no-cost and confidential consultation with a reputable attorney.

Representation

Modern technology and recent advances in medical technology may have decreased the chance of complications occurring during pregnancy and childbirth but they're not completely eliminated. When a birth defect or injury occurs, and the cause was preventable, parents may seek legal action to pay for the costs associated with treatment.

Medical negligence claims are often based on a doctor's failure diagnose or treat an illness. For instance, a doctor could neglect to perform an ultrasound screening or make an error during surgery, resulting in a birth defect such as spina bifida. Other causes for a birth defect lawsuit include inadequate medication for the mother or exposure to chemicals or other environmental hazards as the baby is growing in 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, a birth defect can drastically reduce a baby's life expectancy or lead to a significant amount of medical expenses.

If you believe the birth defect or injury was due to negligence or medical malpractice during pregnancy or labor, contact a qualified birth defect attorney today. A lawyer can explain your options and help you submit a claim prior to the time limit expiring. A lawyer can also negotiate a settlement with the responsible parties for the harm to your infant.