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How to File a Birth Defect Lawsuit

Modern medical technology and medicine have drastically decreased the risks of childbirth. Birth defects or injuries occur frequently.

A birth defect lawsuit seeks to compensate your child for medical expenses, educational costs as well as other losses. To pursue such a claim, you need to demonstrate that medical professionals did not meet the standard of care prior to pregnancy or delivery.

Damages

Pregnancy can be one of the most exciting yet nerve-wracking events during the lifetime of a parent. Parents want their children to be perfect, and doctors strive to do their best to prevent birth defects from happening. However, carelessness and negligence on the part of medical practitioners can increase the risk of birth injuries and birth defects. When this occurs the family of the victim ought to consider pursuing justice through a birth defect lawsuit.

A successful birth defect lawsuit may result in damages for a range of different things. This includes suffering for the victim as well as loss of consortium, medical costs, as well as lost earning capacity. The amount of the damages a victim is awarded will depend on the severity of their child's medical condition and the extent to which it has interfered in their quality of life.

Birth injuries and birth defects can be caused by a number of factors, including exposure to environmental factors. Studies have proven that certain chemicals, such as pesticides, fungicides and lead, as well heavy metals and paints can increase the chance of birth defects. Birth defect lawyers have filed lawsuits against companies that exposed employees to harmful chemicals and pharmaceutical companies that make drugs such as DES that could cause birth defects in fetuses.

If you think 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 possible. In certain states, you have only one year to file a lawsuit claiming 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 defines the time limit for filing an action in civil court. If a person misses the deadline, they lose the right to claim damages from the defendant. Birth injury cases may have more complex statutes of limitations than other types of medical malpractice claims.

A lawsuit is usually filed against the doctor or the hospital that caused a patient's injuries during labor and birth. These cases are sometimes referred to birthing injury lawsuits or wrongful birth lawsuits, however, birth defects 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 injured party will need to show that the doctor responsible did not adhere to the standard of care or consideration expected by another health healthcare provider in similar situations. This could include failing to recognize a serious condition 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 contact an experienced attorney. Most attorneys offer free consultations and case reviews to prospective clients. If the lawyer believes that a client has a valid case, they will look into medical records and employ experts to examine them. They can also assist in the preparation of documents and filing the medical malpractice lawsuit within time.

Expert Witnesses

In a case involving birth injuries it is essential to have experts who can explain medical procedures and practices to jurors. However, expert witnesses aren't easy to work with because they must be able to scrutinize massive amounts of data and be able to make decisions based upon facts rather than opinions. Furthermore, they should be prepared to testify about facts that could contradict their views.

In the Daubert case the plaintiffs' experts argued that Bendectin had caused birth defects in their child. The judge ruled 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 not believe there was sufficient evidence to prove that Bendectin doubled a baby's chance of developing birth defects.

The Daubert ruling was a setback for plaintiffs, who had suing pharmaceutical companies to achieve justice. However, there are many ways that an injured party may pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer can assist victims in determining whether they are a victim. A lawyer can decide if the plaintiff is eligible to file a lawsuit individually or as part of an action class. In some cases an attorney may be able to file a lawsuit for birth injuries as part a multidistrict lawsuit. Complete the form below to receive a confidential and free consultation with an attorney.

Representation

Modern technology and recent advancements in the field of medicine could have decreased the chance of complications occurring during childbirth and pregnancy, but they're not entirely eliminated. Parents can pursue legal action if a birth defect or birth injury occurs, and the cause could have been avoided.

Medical negligence claims are often based on a doctor's failure diagnose or treat a condition. For example, a physician may not perform an ultrasound screening or make a mistake during surgery, which could result in a birth defect, such as spina bifida. Other causes for a birth defect lawsuit include insufficient medication for the mother or exposure to chemicals or other environmental dangers while the baby is growing in the womb.

A birth defect can affect any part of a newborn's body and impact their health, function and appearance. In some instances birth defects may reduce the life span of a child or trigger significant medical costs.

If you suspect the birth defect or injury was caused by negligence or medical malpractice during labor or pregnancy, contact a qualified birth defect attorney today. A lawyer can assist you to understand your options and submit a claim before the deadline for filing a claim expires. A lawyer may also be in a position to negotiate settlements on behalf of you with the parties responsible for your child's injuries.