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How to File a Birth Defect Lawsuit

Modern medicine and technology have greatly reduced the risk of childbirth. But, a birth defect or injury can still happen frequently.

A birth defect lawsuit seeks to recover for medical expenses of your child, educational costs, and other losses. You must prove that the medical professional in question did not follow the standard of treatment during or prior to the birth 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 work to do everything they can to prevent birth defects from happening. Unfortunately, negligence and carelessness on the part of medical professionals can increase the chance of birth injuries and birth defects. If this happens the family of the victim may want to seek justice through a birth defect lawsuit.

A successful birth defect lawsuit can result in damages for a range of different things. These include a victim's suffering and suffering and loss of consortium, medical expenses, and 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 quality of life.

Birth injuries and birth defects can be caused by a variety of causes, including environmental exposures. Studies have revealed that certain chemicals like fungicides, pesticides, lead, heavy metals and paints can increase the likelihood of birth defects. Birth defect lawyers have filed suits against businesses that have exposed workers to these harmful chemicals, and also against pharmaceutical companies who have manufactured drugs that can cause birth defects in fetuses like DES.

If you suspect that your child's birth defect, or birth injury was the result of medical negligence, you must speak with a skilled birth defect lawyer as quickly as possible. In some states, there's only one year to file a medical malpractice suit, and waiting any longer than that could result in losing your chance to get the justice you deserve for your child's injury.

Statute of Limitations

A statute of limitations is a law that defines the deadline for when a person is allowed to file a civil suit. If a claimant fails to file by the deadline, they lose the right to claim damages from a defendant. Birth injury cases can be more complex in terms of the time limit than other medical malpractice claims.

A lawsuit is typically filed against the doctor or the hospital that caused injuries to a patient during labor and birth. These cases are usually called birthing injury lawsuits or wrongful birth suits, however Florida's laws permit parents to file a medical malpractice suit for an infant's death.

To prove medical malpractice, the party who suffered will need to show that the doctor responsible was not able to meet the standard of care and consideration required by a different health healthcare provider in similar situations. This includes failing to diagnose an illness that is serious, for example, low levels of oxygen in the childbirth process that can cause cerebral palsy and brain damage.

The first step in filing a birth defect lawsuit is to reach an experienced attorney. The majority of lawyers offer free consultations and case reviews for prospective clients. If the lawyer believes that a client has a valid case, they will examine medical records and employ expert witnesses to assess their credibility. They will also assist in preparing documents and file the medical malpractice suit within time.

Expert Witnesses

In a case with birth injuries, it's essential to have medical experts that can explain to jurors the medical procedures and practices. However, expert witnesses aren't easy to work with as they must be able to scrutinize massive amounts of evidence and make decisions based on evidence rather than their opinions. In addition, they must be willing to testify on facts that could contradict their positions.

In the Daubert case the plaintiffs' experts claimed that Bendectin had caused their child's birth defects. The judge concluded that the evidence was on the "cutting edge of research in science, where fact meets theory and the certainty transforms into probabilities." However, the judge did not believe there was enough evidence to prove that Bendectin doubled a baby's chance of developing birth defect attorney defects.

The Daubert decision was a setback to plaintiffs who had filed lawsuits against pharmaceutical companies in seeking justice. But there are numerous avenues that an injured person could pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer can provide victims with advice about whether they are eligible for a claim. A lawyer can decide if the plaintiff is able to file a lawsuit on their own or as part of an action class. In certain instances a lawyer may start a lawsuit for birth injuries as part of multidistrict lawsuit (MDL). Fill out the form below for a confidential and free consultation with an attorney.

Representation

While modern technology and recent advances in the field of medicine have drastically reduced the chance of complications during childbirth and pregnancy but they aren't completely eliminated. When a birth defect or injury occurs and the cause was preventable parents can seek legal action to pay for the costs related to treatment.

Medical negligence cases typically result from a doctor's inability to recognize or treat a problem. For example, a physician may fail to conduct an ultrasound exam or make mistakes during surgery, which could result in a birth defect similar to spina bifida. Other causes that can lead to a birth defect lawsuit include an ineffective 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 a newborn's body. It can impact their health, function and appearance. In certain instances, a birth defect can severely reduce a baby's life expectancy or lead to a significant amount of medical expenses.

If you suspect the birth defect or injury was due to negligence or medical malpractice during labor or pregnancy seek out a qualified birth defect lawyer today. A lawyer can assist you to discover your options and make a claim before the statute of limitations runs out. A lawyer might also be in a position to negotiate settlements on behalf of you with the parties responsible for the injuries your infant sustained.