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How to File a Birth Defect Lawsuit

Modern medical and technological advances have significantly reduced the risk of childbirth. Birth defects or injuries still occur 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 involved did not follow the standard of care prior to or during pregnancy or delivery.

Damages

Pregnancy is one of the most exciting and stressful experiences a parent can experience. Parents want their children to be perfect, and doctors try to do everything they can to prevent birth defects from occurring. Unfortunately, carelessness and negligence on the part of medical professionals can increase the risk of birth defects and injuries. A family that is shocked by this circumstance should think about the possibility of suing over a birth defect.

A successful birth defect lawsuit could result in damages for a number of different things. This can include pain and suffering for the victim as well as loss of consortium, medical expenses, as well as loss of earning capacity. The amount of compensation an individual victim will be awarded depends on the severity of the child's illness and how much it has affected their standard of life.

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

If you suspect that medical negligence caused your child's birth injury or birth defect, seek out a birth defect lawyer immediately. In certain states, there is only one year to file a medical negligence lawsuit, and waiting more than that may mean losing your chance to get the justice you have earned for your child's injury.

Statute of Limitations

A statute of limitation is a law which establishes the deadline for filing an action in civil court. If a person misses the deadline, they will lose their right to seek damages from the defendant. Birth injury claims may have a more complicated statute of limitations than other medical malpractice claims.

A lawsuit is usually brought against the doctor or hospital who caused injury to an individual during labor and birth. These cases are often called birthing injury lawsuits or wrongful birth suits although Florida's laws allow parents to file a medical malpractice suit in the event of a baby's death.

In order to prove medical malpractice, the party who suffered must prove that the doctor at fault didn't adhere to the standard of care and consideration expected by another health medical professional in similar circumstances. This includes failing diagnose an illness that is serious, birth defect lawsuits for example, low oxygen levels in childbirth which can result in cerebral palsy and brain damage.

The first step in filing a birth defect lawsuit is to speak with a skilled attorney. A majority of attorneys offer free consultations to potential clients. If an attorney is convinced that a client's claim is valid they will go over the medical documents of the client and employ experts to evaluate the records. They can also assist in the preparation of documents and file the medical malpractice lawsuit on time.

Expert Witnesses

In a case which involves birth injuries, it is vital to have medical experts who are able to provide a jury with the medical practices and procedures. Expert witnesses can be difficult to work with as they must carefully examine massive amounts of data and be able to make decisions based on the facts rather than opinions. Additionally, Birth Defect Lawsuits they must be willing to testify about facts that might conflict with their positions.

In the Daubert case, the plaintiffs' experts claimed that Bendectin caused birth defects in their child. The judge ruled that the evidence was "at the forefront of scientific research where fact meets theories and certainty transforms into probabilities." However he was not convinced there was enough evidence that Bendectin caused birth defects.

The Daubert decision was a setback to plaintiffs who had filed a lawsuit against pharmaceutical companies seeking justice. However, there are many ways that an injured person could pursue a birth defect lawsuit.

A Philadelphia birth defect attorney can assist victims in determining if they have a case. A lawyer can determine whether the plaintiff is eligible to file a lawsuit individually or as part of a class action. In certain situations lawyers can bring a birth injury lawsuit in the context of multidistrict litigation (MDL). Fill out the form below to get a confidential and free consultation with an attorney.

Representation

Modern technology and recent advancements in medicine may have reduced the risk of complications occurring during pregnancy and childbirth, but they're not completely eliminated. If a birth defect injury occurs, and the cause was preventable, parents may seek legal action to cover the costs associated with treatment.

Medical negligence cases typically stem from a doctor's failure to diagnose or treat a condition. A doctor may fail to conduct an ultrasound or make a mistake during surgery, leading to birth defects like spina bifida. Other common causes of birth defect lawsuits 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 could affect any part of the body of a newborn which can affect their appearance, health and functionality. In some cases birth defects can dramatically reduce a child's lifespan or result in significant medical costs.

If you think the birth defect or injury was the result of negligence or medical malpractice during labor or pregnancy, contact a qualified birth defect attorney today. A lawyer can help you determine your options and make a claim prior to the statute of limitations expires. A lawyer may also be competent to negotiate the settlement on your behalf with the parties responsible for the injury to your child.