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How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have greatly reduced the risks associated with childbirth. Birth defects or injuries continue to occur often.

A birth defect lawsuit seeks to recover for medical expenses of your child or educational costs, among other losses. You must prove that the medical professional in question did not follow the standard of treatment during or prior to the birth or during pregnancy.

Damages

Pregnancy can be one of the most exciting, yet nerve-wracking experiences in the life of a parent. Parents want their children to be perfect, and doctors strive to do everything they can to stop birth defects from happening. Unfortunately, carelessness and negligence on the part of medical practitioners can increase the chance of birth injuries and defects. Families who are shocked by this incident should think about the possibility of suing over a birth defect.

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

Environmental exposures can cause birth injuries and birth defects. Studies have revealed that pesticides like lead and fungicides as well as paints, heavy metals and heavy metals, can increase the risk of birth defects. Birth defect lawyers have filed suits against businesses that have exposed workers to toxic chemicals, as well against pharmaceutical companies that have produced medications that can cause birth defects in fetuses, such as DES.

If you suspect that medical error caused your child's birth injury or birth defect, you should consult a birth defect lawyer immediately. In some states, you are given one year to file a lawsuit for medical malpractice. If you wait it could mean that your child will never receive the justice they deserve.

Statute of Limitations

A statute of limitations is a law that sets the deadline for a person to file a civil lawsuit. If a person misses the deadline, they will lose their right to recover damages from the defendant. Birth injury cases may have more complicated statutes of limitations than other kinds of 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 usually referred to as birthing injury lawsuits or wrongful birth suits, although Florida's laws allow parents to pursue a medical malpractice suit for an infant's death.

In order to prove medical malpractice, the party who suffered must prove that the doctor responsible didn't adhere to the level of care and consideration required by a different health healthcare provider in similar situations. This includes failing to recognize an illness of serious severity for example, low levels of oxygen in the childbirth process which can cause brain damage and cerebral palsy.

Contacting a qualified attorney is the first step in filing an action for birth defects. Most attorneys offer free consultations to potential clients. If the attorney believes that a client has a valid case, they will examine medical records and engage experts to examine their credibility. They will also assist in preparing documents and filing the medical malpractice lawsuit on time.

Expert Witnesses

In a case which involves birth injuries, it is essential to be able to have medical experts explain to a jury the medical procedures and practices. Expert witnesses aren't easy to work with because they must be able to scrutinize massive quantities of information and be able to make decisions based upon facts rather than opinions. They should also be able to provide evidence on matters that might contradict their opinions.

In the Daubert case the plaintiffs' experts suggested that Bendectin contributed to birth defects for their child. The judge ruled that the evidence was "at the cutting edge of research in science where fact meets theories and the certainty is transformed into probabilities." However the judge did not believe there was enough evidence to conclude that Bendectin caused birth defects.

The Daubert ruling was a setback for plaintiffs, who had suing pharmaceutical companies in order to achieve justice. There are many avenues an injured person can bring a lawsuit based on a birth defect.

A Philadelphia birth defect lawyer can help victims determine whether they are a victim. Lawyers can assist plaintiffs determine whether they are qualified to file a lawsuit as an individual or a class action. In certain instances, a lawyer can make a birth injury claim as part of multidistrict litigation (MDL). Complete the form below for a confidential and free consultation with an attorney.

Representation

Although the advancements in technology and advancements in the medical field have significantly reduced the risk of complications during childbirth and pregnancy, they are not entirely eliminated. Parents can seek legal action if they suffer a birth defect or birth injury occurs, and the cause could have been avoided.

Medical negligence claims usually result from a doctor's inability to identify or treat a condition. Physicians may not perform an ultrasound or make a mistake in surgery, resulting in 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 or other environmental dangers during the child's development in the womb.

A birth defect could affect any part of the body of a newborn which can affect their appearance, health and performance. In certain cases birth defects can decrease the lifespan of a baby or result in major medical expenses.

Contact an attorney for birth defects today if you believe that the birth defect or injury was the result of medical negligence or mistakes during labor or pregnancy. A lawyer can help explain your options and help submit a claim prior to the time limit expiring. A lawyer can also negotiate a settlement with the parties responsible for the injury suffered by your child.