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How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have drastically reduced the risks associated with the birth of a child. But, a birth defect or injury can still happen frequently.

A birth defect lawsuit seeks reimbursement for medical expenses of your child education costs, as well as other losses. To be able to pursue a claim, you must demonstrate that medical professionals violated the standard of care prior to or during pregnancy or the birth of your child.

Damages

Pregnancy is among the most exciting and nerve-wracking times in a parent's life. Parents want their children to be perfect, and doctors strive to do their best to prevent birth defects from occurring. Unfortunately, negligence and carelessness on the part of medical practitioners can increase the risk of birth defects and injuries. If this happens the family of the victim ought to consider pursuing justice through a birth defect lawsuit.

A successful birth defect lawsuit can result in damages for a variety of different things. This includes the victim's pain and suffering and loss of consortium medical expenses and lost earning capacity. The amount of damages that a victim will receive depends on the severity of the child's illness, and how much it has affected their quality of living.

Birth defects and birth injuries can be caused by a number of factors that include exposure to environmental factors. Research has shown that certain chemicals, like pesticides, fungicides and lead, as well paints and heavy metals may increase the risk of birth defects. Birth defect lawyers have brought lawsuits against companies that have exposed workers to hazardous chemicals, as well as against pharmaceutical companies that have developed drugs that can cause birth defects in fetuses, such as DES.

If you think your child's birth defect or injury was caused by medical negligence, you must seek out a skilled birth defect lawyer as soon as you can. In some states, you have only one year to file a lawsuit against medical malpractice. If you wait this could mean that your child won't get the justice they deserve.

Statute of limitations

A statute of limitations is a law that establishes the time limit for a person to file a civil action. If a person fails to meet the deadline will lose the right to sue a defendant for damages. Birth injury claims may have a more complicated statute of limitations than other medical malpractice claims.

A lawsuit is typically filed against the hospital or doctor that caused an injury to a patient during labor and delivery. These cases are often referred to as birthing injury lawsuits or wrongful birth lawsuits however, Florida's laws allow parents to file a malpractice lawsuit in the event of the death of an infant.

In a case of medical malpractice the plaintiff must prove the at-fault doctor did not follow the expected level of care and consideration another medical professional would have utilized in similar circumstances. This includes failing to recognize a serious condition such as low oxygen levels during childbirth that can cause cerebral palsy and brain damage.

The first step to file a birth defect lawsuit is to speak with an experienced attorney. The majority of lawyers offer free consultations and reviews of cases to prospective clients. If the attorney believes a client has a valid claim, they will examine medical records and hire expert witnesses to assess them. They can also assist in the preparation of documents and file the medical malpractice lawsuit within the timeframe.

Expert Witnesses

In a case involving birth injuries, it is vital to have medical experts who are able to provide a jury with the medical procedures and practices. Expert witnesses can be difficult to work with since they must scrutinize huge amounts of data and make decisions based upon facts rather than opinions. They should also be able to testify on facts which may contradict their beliefs.

In the Daubert case, the plaintiffs' experts claimed that Bendectin was the cause of their child's birth defects. The judge ruled that the evidence was at the "cutting edge of scientific research, where evidence is matched by theory, and certainty turns into probability." However the judge did believe that 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 obtain justice. However, there are many ways that an injured person can pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer can help victims on whether they're eligible for a claim. A lawyer can help clients determine if they're qualified to file a lawsuit as an individual or a class action. In certain cases lawyers can file a birth injury lawsuit as part of multidistrict litigation (MDL). To start by filling out the form here for an initial consultation for free and confidential with a qualified lawyer.

Representation

Although the advancements in technology and developments in the field of medicine have greatly reduced the risk of complications during pregnancy and childbirth However, they aren't eliminated. When a birth defect or injury occurs, and the cause was preventable, parents may seek legal action to cover the costs related to treatment.

Medical negligence cases typically stem from a doctor's failure to diagnose or treat a condition. For example, a physician may fail to conduct an ultrasound screening or make a mistake during surgery, resulting in a birth defect, such as spina bifida. Other causes for a birth defect lawsuit include inadequate medication for the mother or exposure to chemicals or other environmental hazards when the baby is growing in the womb.

A birth defect can affect any part of a newborn's body. It can affect their health, function and appearance. In some instances, a birth defect can drastically reduce a baby's life expectancy or result in a significant amount of medical expenses.

If you suspect that the birth defect or injury is the result of negligence or medical malpractice during labor or birth consult a certified birth defect lawyer today. A lawyer can help explain your options and assist you to submit a claim prior to the time limit expiring. A lawyer may also be capable of negotiating settlements on your behalf with the parties responsible for your infant's injury.