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How to File a Birth Defect Lawsuit

Modern medical technology and medicine have drastically reduced the risks of childbirth. Birth defects or injuries still occur often.

A birth defect lawsuit seeks compensation for your child's medical expenses as well as educational costs and other losses. To be able to pursue claims, you must establish that medical professionals breached the standard of care prior to or during pregnancy, or the birth of your child.

Damages

Pregnancy can be one of the most exciting, yet nerve-wracking events in the life of a parent. Parents want their babies to be perfect and doctors do everything possible to prevent birth defect law firms defects. Unfortunately, carelessness and negligence on the part of medical practitioners can increase the risk of birth defects and injuries. When this occurs the family of the victim might want to pursue justice via a birth defect lawsuit.

A successful birth defect lawsuit may result in damages for a number of different things. This can include the suffering and suffering and loss of consortium medical expenses and lost earning capacity. The amount of compensation a victim will receive depends on the degree of the child's health and how much it has affected their standard of life.

Environmental exposures can cause birth injuries and birth defects. Studies have proven that pesticides, such as lead and fungicides, birth defect lawsuits as well paints, heavy metals and heavy metals can increase the risk of birth defects. Birth defect lawyers have brought suits against businesses that have exposed workers to hazardous chemicals, as well as against pharmaceutical companies that have made products that cause birth defects in fetuses, such as DES.

If you suspect that your child's birth defect or birth injury was caused by medical malpractice, it is important to seek out a skilled birth defect lawyer as quickly as you can. In certain states, you only have one year to file a medical negligence suit, and waiting longer than that can mean losing your chance to get the justice you are due for the injury your child sustained.

Statute of limitations

A statute of limitations is a law that sets the time limit for an individual to file a civil lawsuit. Anyone who fails to meet the deadline will lose the right to pursue a defendant for damages. Birth injury claims have a more complicated time limit than other medical malpractice claims.

A lawsuit is usually filed against the medical professional or hospital who caused the patient's injuries during labor and birth. These cases are often called birthing injuries lawsuits or wrongful birth suits although Florida's laws allow parents to file a medical malpractice suit for the death of an infant.

In order to prove medical malpractice, the party who suffered will need to show that the doctor who was at fault did not follow the standard of care and consideration required by a different health healthcare provider in similar circumstances. This includes failing to recognize a serious illness, such as low oxygen levels during childbirth that can cause cerebral palsy and brain damage.

Contacting a reputable attorney is the first step in filing an action for birth defects. The majority of lawyers offer free consultations and case review to potential clients. If an attorney believes a client's claim is valid they will examine the medical documents of the client and employ experts to review the records. They will also assist in preparing documents and filing the medical malpractice lawsuit in time.

Expert Witnesses

In a case with birth injuries, it is vital to have medical experts that can provide a jury with the medical procedures and practices. Expert witnesses can be difficult to testify because they have to carefully review a large amount of information in order to make a decision that are based on evidence rather than opinions. Furthermore, they should be willing to testify on facts that could contradict their views.

In the Daubert Case the plaintiffs' expert claimed that Bendectin was the cause of the birth defect of their child. The judge concluded that the evidence was on the "cutting edge of scientific research, where fact is matched by theory, and certainty turns into probability." However, the judge did not believe there was sufficient evidence to prove that Bendectin doubled a baby's risk of developing birth defects.

The Daubert decision was a setback to plaintiffs who had filed a lawsuit against pharmaceutical companies an effort to obtain justice. Nonetheless, there are still many avenues for an injured party may pursue a lawsuit for birth defects.

A Philadelphia birth defect attorney will assist the victims to determine if they have a case. Lawyers can assist plaintiffs determine if they are eligible to file an individual lawsuit or a class action. In certain cases, an attorney can make a claim for birth injuries as part of a multidistrict lawsuit. To get started you must fill out the form on this page to request a an unreserved and confidential consultation with a licensed attorney.

Representation

Modern technology and recent advances in the medical field may have decreased the risk of complications occurring during pregnancy and childbirth but they are not completely eliminated. Parents can pursue legal action if they suffer a birth defect or birth injury occurs, and the reason could have been avoided.

Medical negligence claims are often due to a doctor's failure to diagnose or treat an illness. A physician may fail to conduct an ultrasound or make a mistake in surgery, leading to birth defects such as spina bifida. Other causes that can lead to birth defect lawsuits include improper medication for the mother or exposure to chemicals or other environmental hazards while the baby is growing in the womb.

A birth defect can affect any part of the body of a baby and impact their health, function and appearance. In some instances birth defects can decrease the lifespan of a baby or result in substantial medical expenses.

If you suspect that your child's birth defect or injury was caused by medical malpractice or negligent care during pregnancy or labor consult a certified birth defect lawyer today. A lawyer can assist you to identify your options and make a claim before the time limit expires. A lawyer may also be capable of negotiating the settlement on behalf of you with the responsible parties for your child's injuries.