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How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have significantly reduced the risks associated with childbirth. However, birth defects or injury still happens frequently.

A birth defect lawsuit seeks to pay your child's medical expenses, educational costs as well as other losses. You must prove that the medical professional in question did not follow the standard of care during or before pregnancy or delivery.

Damages

Pregnancy is one of the most exciting and stressful experiences a parent can experience. Parents want their babies to be perfect and doctors do their best to prevent birth defects. Unfortunately, negligence and carelessness on the part of medical practitioners can increase the risk of birth injuries and birth defects. When this happens an astonished family may want to seek justice through a birth defect lawsuit.

A successful birth defect lawsuit could result in damages for a range of different things. This can include the pain and suffering, loss of consortium, medical expenses, and loss of earning capacity. The amount of damages a person suffers will depend on the severity of their child's illness and the extent to which it has interfered with their daily life.

Birth injuries and birth defects can be caused by a number of causes, including environmental exposures. Research has shown that certain chemicals, like pesticides, fungicides lead, paints, and heavy metals can increase the chance of birth defects. Birth defect lawyers have filed lawsuits against companies that exposed workers to harmful chemicals and pharmaceutical companies that make drugs like DES that could cause birth defects in fetuses.

If you suspect that medical malpractice caused the birth injury of your child or birth defect, you should consult a birth defect lawyer immediately. In some states, you are given one year to file a lawsuit against 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 which establishes the deadline for a person to file an action in civil court. A person who misses a deadline will lose the right to sue a defendant for damages. Birth injury claims may have a more complicated time limit than other medical malpractice claims.

A lawsuit is typically filed against the doctor or hospital who caused injury to the patient during labor and delivery. These cases can be known as birthing injuries lawsuits or wrongful birth lawsuits although Florida's laws permit parents to file a malpractice suit in the event of the death of a baby.

To prove medical negligence, the person who was injured must prove that the doctor at fault was not able to meet the level of care and consideration expected by another health healthcare provider in similar situations. This includes failing diagnose a serious illness, such as low levels of oxygen during childbirth that can cause cerebral palsy and brain damage.

Finding a reputable attorney is the first step to filing an action for birth defects. Most attorneys offer free consultations and case reviews for potential clients. If the attorney believes a client has a valid claim they will look over medical records and appoint experts to examine them. They will also assist in preparing documents and file the medical malpractice lawsuit on time.

Expert Witnesses

In a case involving birth injuries it is essential to have experts who can explain medical practices and procedures to jurors. Expert witnesses can be difficult to testify because they have to carefully review an extensive amount of information to be able to make decisions that are based on evidence rather than opinion. They must also be able to testify regarding facts that could contradict their positions.

In the Daubert case, the plaintiffs' experts suggested that Bendectin contributed to the birth defects of their child. The judge found that the evidence was on the "cutting edge of scientific research, where evidence meets theory, and certainty transforms into probabilities." However the judge did consider there was enough proof that Bendectin doubled a baby's chance of developing birth defects.

The Daubert decision was a blow to plaintiffs that had sued pharmaceutical companies in the hope of obtaining justice. There are many avenues an injured person can bring a lawsuit based on the birth defect.

A Philadelphia birth defect lawyer can assist victims in determining whether they are a victim. A lawyer can help clients determine if they're eligible to file an individual lawsuit or a class action. In certain cases lawyers may be able to start a lawsuit for birth injuries as part of a multidistrict litigation (MDL). Fill out the form below to receive a private and free consultation with an attorney.

Representation

Although the advancements in technology and developments in the field of medicine have significantly reduced the risk of complications during childbirth and pregnancy However, they aren't eliminated. Parents may pursue legal action if a birth defect or birth injury occurs, and the reason could have been prevented.

Medical negligence claims usually stem from a doctor's failure to diagnose or treat a condition. For instance, a doctor may fail to conduct an ultrasound examination or make an error during surgery, which could result in a birth defect, such as spina bifida. Other common causes of birth defect lawsuits include insufficient medication for the mother or exposure to chemicals or other environmental hazards as the baby is developing in the womb.

A birth defect can affect any part of the newborn's body and affect their appearance, health and performance. In some instances the birth defect can drastically reduce a baby's lifespan or result in an enormous amount of medical costs.

Contact an attorney for birth defect law firm defects immediately if you believe the birth defect or injury was caused by medical negligence or malpractice during pregnancy or labor. A lawyer can provide you with your options and help you submit a claim prior to the statute of limitation expiring. A lawyer can also negotiate a settlement with the parties accountable for the injury of your infant.