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How to File a Birth Defect Lawsuit

Modern technology and medicine have dramatically reduced the risk of childbirth. But, a birth defect or injury can still happen frequently.

A birth defect lawsuit seeks to compensate your child for medical expenses, educational costs as well as other losses. To pursue such claims, you must demonstrate that a medical professional violated the standard of medical care prior to or during pregnancy or during the delivery.

Damages

Pregnancy is among the most exciting and nerve-wracking times in a parent's life. Parents want their babies to be perfect, and doctors strive to do all they can to prevent birth defects from occurring. However, carelessness and negligence on the part of medical practitioners can increase the chance of birth injuries and defects. When this happens the family of the victim may want to seek justice through a birth defect lawsuit.

A successful birth defect suit could result in damages for a variety of different things. This can include pain and suffering for the victim, loss of consortium and medical expenses, as well as lost earning capacity. The amount of damages that the victim will receive is contingent on the severity of the child's condition and how it has affected their quality of living.

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

If you think your child's birth defect or injury was caused by medical malpractice, it is important to seek out a skilled birth defect lawyer as soon as possible. In certain states, you are given one year to file a suit for medical malpractice. If you delay this could mean that your child will never get the justice they deserve.

Statute of limitations

A statute of limitation is a law that sets the deadline for filing a civil lawsuit. If a person misses the deadline, they will lose their right to seek damages from the defendant. Birth injury claims be more complex in terms of the statute of limitations than other medical malpractice claims.

A lawsuit is typically filed against the doctor or the hospital that caused injuries to a patient during labor and delivery. These cases are often referred to as birthing injury lawsuits or wrongful birth defect law firm (Full File) suits, though Florida's laws allow parents to pursue a medical malpractice suit for an infant's death.

In a lawsuit for medical malpractice the victim must prove the at-fault doctor failed to adhere to the standards of care and consideration that other health care providers would have applied in similar circumstances. This includes failing diagnose a serious condition such as low oxygen levels during childbirth which could lead to cerebral palsy and brain damage.

A qualified attorney should be the first step to filing a lawsuit against birth defects. Most attorneys offer free consultations and reviews of cases to potential clients. If an attorney believes the claim of a client is valid they will go over the medical records of the client and employ experts to assess the claims. They will also assist with the preparation of documents and file the medical malpractice lawsuit in time.

Expert Witnesses

In cases with birth injuries, it's essential to have medical experts who are able to explain to a jury the medical procedures and practices. Expert witnesses can be difficult as they have to carefully review an extensive amount of information in order to make a decision in accordance with facts rather than opinion. Furthermore, they should be able to testify regarding facts that might conflict with their positions.

In the Daubert Case, the plaintiffs' expert believed that Bendectin was responsible for the birth defect in their child. The judge concluded that the evidence was on the "cutting edge of scientific research, where evidence is matched by theory, and certainty turns into probabilities." However the judge did believe there was sufficient proof that Bendectin doubled the chances of developing birth defects.

The Daubert decision was a setback to plaintiffs who had filed suit against pharmaceutical companies in seeking justice. There are many avenues for a person who has suffered injury to file a lawsuit for a birth defect.

A Philadelphia birth defect lawyer can provide victims with advice about whether they have claims. A lawyer can help clients determine if they're qualified to file a personal lawsuit or a class action. In certain cases attorneys can file a lawsuit for birth defect law firm birth injury as part of multidistrict litigation. To begin, fill out the form on this page to request a an unreserved and confidential consultation with a qualified attorney.

Representation

Although the latest technology and advances in the field of medicine have greatly reduced the risk of complications during childbirth and pregnancy however, they are not completely eliminated. Parents can take legal action if a birth defect or birth injury occurs, and the cause could have been prevented.

Medical negligence claims are usually due to a doctor's failure to identify or treat an illness. For example, a physician might fail to conduct an ultrasound screening or make a mistake during surgery, resulting in a birth defect such as spina bifida. Other causes for a birth defect lawsuit include improper medication for the mother or exposure to chemicals or other environmental hazards when the baby is developing in the womb.

A birth defect can affect any part of a newborn's body and impact their health, function and appearance. In some cases the birth defect can dramatically reduce a child's life expectancy, or cause an enormous amount of medical expenses.

Contact a birth defect lawyer immediately if you believe the birth defect or injury was caused by medical negligence or carelessness during labor or birth. A lawyer can help discover your options and make a claim before the statute of limitations runs out. A lawyer may also be able to negotiate a settlement on behalf of you with the parties accountable for the injury to your child.