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How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have greatly reduced the risks associated with birth. However, birth defects or injury can still happen frequently.

A birth defect lawsuit seeks to pay your child's medical expenses, education costs, and other losses. You must prove that the medical professional who was involved has violated the standard medical care during or before pregnancy or delivery.

Damages

Pregnancy is among the most exciting and stressful times in a parent's life. Parents want their babies to be perfect, and doctors do everything to avoid birth defects. Unfortunately, negligence and carelessness on the part of medical practitioners can increase the chance of birth defects and injuries. A family who is shocked by this situation should consider suing for a birth defect.

A successful birth defect lawsuit could result in damages for many different things. These include the victim's pain and suffering and loss of consortium, medical expenses and lost earning capacity. The amount of damages a victim receives will depend on the severity of their child's medical condition and the extent to which it has interfered with their daily life.

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

If you suspect medical malpractice caused the birth injury or birth defect, you must consult a birth defect lawyer immediately. In some states, you have only one year to file a suit for medical malpractice. If you wait longer it could mean that your child will never receive the justice they deserve.

Statute of limitations

A statute of limitations is a law that determines the deadline for when a person is allowed to file a civil lawsuit. If a claimant fails to file by the deadline, they lose the right to claim damages from a defendant. Birth injury claims can have a more complicated time limit than other medical malpractice claims.

A lawsuit is usually filed against the hospital or doctor that caused an injury to the patient during labor and birth. These cases can be referred to birthing injury suits 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 order to prove medical malpractice, the party who suffered must prove that the doctor responsible didn't adhere to the standard of care or consideration required by a different health healthcare provider in similar circumstances. This could include failing to recognize a serious illness, such as low oxygen levels in childbirth that can cause cerebral palsy and brain damage.

The first step in filing a birth defect lawsuit is to get in touch with an experienced attorney. A majority of attorneys offer free consultations to potential clients. If the attorney is convinced that a client has a valid claim they will review medical records and appoint experts to review the evidence. They will also assist in preparing documents and file the medical malpractice suit on time.

Expert Witnesses

In a case involving birth injuries it is essential to have experts who can explain medical procedures and practices before a jury. Expert witnesses aren't easy to work with as they must carefully examine massive amounts of evidence and make decisions based on facts rather than opinions. In addition, they must be willing to testify on things that may contradict their views.

In the Daubert case the plaintiffs' experts argued that Bendectin was the cause of the birth defects of their child. The judge ruled that the evidence was at the "cutting edge of research in science, where fact meets theory, and certainty transforms into probability." However, the judge did not consider there was enough evidence that Bendectin increased the chance of developing birth defects.

The Daubert decision was a blow to plaintiffs who had filed lawsuits against pharmaceutical companies in the hope of obtaining justice. However, there are many avenues for an injured person can pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer can provide victims with advice about whether they have a right to sue. Lawyers can determine if an individual plaintiff is eligible to file a lawsuit on their own or as part of a class action. In some instances attorneys can bring a lawsuit on behalf of a birth injuries as part multidistrict litigation. To begin you must fill out the form on this page to request a the opportunity to have a no-cost and birth defect lawyer confidential consultation with a reputable lawyer.

Representation

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

Medical negligence claims are often based on a doctor's failure diagnose 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. 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 development of the baby during the womb.

A birth defect can affect any part of the body of a baby and impact their health, function and appearance. In some cases birth defects can decrease the life expectancy of a newborn or lead to major medical expenses.

Contact a Birth Defect Lawyer (Vimeo.Com) today if you believe that your child's birth defect or injury was caused by medical negligence or negligence during labor or pregnancy. A lawyer can help identify your options and file a claim before the statute of limitations expires. A lawyer might also be in a position to negotiate a settlement on behalf of you with the parties responsible for the injuries your infant sustained.