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How to File a Birth Defect Lawsuit

Modern medicine and technology have greatly reduced the risks of childbirth. Birth defects or injuries still occur frequently.

A birth defect lawsuit seeks to compensate your child for medical expenses, education costs as well as other losses. You must prove that the medical professional who was involved has violated the standard medical care during or before the birth or delivery.

Damages

Pregnancy can be one of the most exciting, yet nerve-wracking experiences during the lifetime of a parent. Parents want their children to be perfect, and doctors attempt to do everything possible to prevent birth defects from happening. Medical negligence and inattention can increase the risk of birth defects and injuries. A family who is shocked by this incident should think about taking legal action to remedy a birth defect.

A successful birth defect suit can result in damages for a variety of different things. This includes the victim's suffering 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 illness and the extent to which it has impacted with their quality of life.

Birth defects and birth injuries can be caused by a variety of factors, including exposure to environmental factors. Studies have revealed that certain chemicals like fungicides, pesticides lead, paints and heavy metals can increase the chances of birth defects. Birth defect lawyers have brought suits against businesses that have exposed workers to toxic chemicals, as well against pharmaceutical companies who have manufactured medications that can cause birth defects in fetuses, such as DES.

If you suspect that your child's birth defect or birth injury was caused by medical negligence, you must consult a reputable birth defect lawyer as soon as possible. In some states, you have only one year to file a medical negligence suit, and if you wait longer than that can mean losing your chance to obtain the justice you deserve for your child's injury.

Statute of limitations

A statute of limitation is a law that sets the time limit for someone to file a civil lawsuit. If a person fails to meet the deadline, they lose the right to claim damages from the defendant. Birth injury cases can have more complicated statutes of limitations than other kinds of medical malpractice claims.

A lawsuit is usually brought against the doctor or hospital that caused an injury to an individual during labor and birth. These cases are often referred to as birthing injury suits or wrongful birth lawsuits although Florida's laws permit parents to file a malpractice lawsuit in the event of the death of a child.

In a medical malpractice lawsuit the plaintiff must prove the at-fault doctor did not adhere to the expected level of care and consideration another medical professional would have used in similar circumstances. This could include failing to recognize serious conditions like low levels of oxygen during childbirth which can lead to cerebral palsy and brain damage.

A qualified attorney should be the first step towards filing an action for birth defects. Many attorneys provide free consultations for potential clients. If an attorney believes the claim of a client is valid they will look over the medical documents of the client and hire experts to review the records. They will also help prepare documents and file the medical malpractice lawsuit in time.

Expert Witnesses

In a case involving a birth injury it is crucial to have experts who can explain medical procedures and practices before a jury. Expert witnesses can be difficult because they must carefully examine a large amount of information to be able make decisions based on fact rather than opinion. They must also be willing to provide evidence on matters that may conflict with their position.

In the Daubert Case the plaintiffs' expert argued that Bendectin was the cause of the birth defect in their child. The judge ruled that the evidence was "at the forefront of scientific research where fact meets theories and certainty dissolves into probabilities." However, he did not believe there was enough evidence that Bendectin caused birth defects.

The Daubert decision was a blow to plaintiffs that had filed lawsuits against pharmaceutical companies in seeking justice. There are a variety of avenues for a person who has suffered injury to seek a legal action over a birth defect.

A Philadelphia birth defect lawyer can provide victims with advice about whether they are eligible for claims. Lawyers can determine if the plaintiff is eligible to pursue a lawsuit by themselves or as part of an action class. In some cases a lawyer may start a lawsuit for birth injuries as part of a multidistrict litigation (MDL). To begin complete the form on this page for an unreserved and confidential consultation with a reputable lawyer.

Representation

Although the advancements in technology and developments in the field of medicine have drastically reduced the chance of complications during pregnancy and childbirth however, they are not completely eliminated. If a birth defect or injury occurs, and the cause was preventable, parents can pursue legal action to cover costs related to treatment.

Medical negligence claims are typically due to a doctor's failure to diagnose or treat an illness. A doctor might not perform an ultrasound 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 in the womb.

A birth defect can affect any part of the newborn's body and affect their health, appearance and function. In certain instances the birth defect can significantly diminish a baby's life expectancy, or cause significant medical costs.

Contact a birth defect lawyer today if you suspect that the birth defect or injury was the result of medical negligence or mistakes during labor or pregnancy. A lawyer can assist you in understanding your options and help you make a claim before the statute of limitations expiring. A lawyer might also be in a position to negotiate the settlement on your behalf with the parties responsible for your child's injuries.