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How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have greatly reduced the risk of childbirth. But, a birth defect or injury is still a common occurrence.

A birth defect lawsuit seeks to recover for your child's medical expenses, educational costs, and other expenses. To pursue an action, you must establish that medical professionals breached the standard of care prior to or during pregnancy or delivery.

Damages

Pregnancy can be one of the most exciting yet nerve-wracking events in a parent's lifetime. Parents want their babies to be perfect, and doctors try to do everything possible to prevent birth defects from happening. Unfortunately, negligence and carelessness on the part of medical practitioners can increase the risk of birth injuries and birth defects. When 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 multitude of different things. This includes pain and suffering for the victim as well as loss of consortium and medical costs, as well as lost earning capacity. The amount of compensation a victim will receive depends on the severity of the child's illness and how it has affected their quality of life.

Birth injuries and birth defects can be caused by a number of causes such as exposure to environmental factors. Studies have proven that certain chemicals, such as pesticides, fungicides, lead, paints and heavy metals can increase the chances of birth defects. Birth defect lawyers have brought suits against companies that exposed workers to these harmful chemicals, and also against pharmaceutical companies that have made drugs that could cause birth defects in fetuses like DES.

If you think your child's birth defect, or birth injury was the result of medical malpractice, it is important to consult a reputable birth defect lawyer as quickly as possible. In certain states, you only have one year to file a lawsuit claiming medical malpractice. If you delay this could mean that your child will not receive the justice they deserve.

Statute of limitations

A statute of limitations is a law that sets the time limit for someone to file an action in civil court. Anyone who fails to meet a deadline loses the right to claim damages against 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 hospital that caused an injury to patients during labor or birth. These cases are usually known as birthing injury lawsuits or wrongful birth suits however Florida's laws permit parents to make a claim for medical malpractice for the death of an infant.

In a medical malpractice case the victim must prove the at-fault doctor was not adhering to the expected level of care and consideration that another medical professional would have utilized in similar circumstances. This includes failing in diagnosing an illness of serious severity such as low levels of oxygen during childbirth that cause cerebral palsy and brain damage.

The first step in filing a birth defect lawsuit is to reach a skilled attorney. Many attorneys provide free consultations and case review to prospective clients. If an attorney is convinced that the claim of a client is legitimate they will examine the medical documents of the client, and they will hire experts to analyze the records. 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 important to have experts who can explain medical practices and procedures before a jury. Expert witnesses can be difficult since they must scrutinize an extensive amount of information in order to make a decision based on facts, not opinion. They also have to be willing to provide evidence on matters which may contradict their opinion.

In the Daubert case the plaintiffs' experts suggested that Bendectin caused their child's birth defects. The judge ruled that the evidence was at the "cutting edge of scientific research, where evidence meets theory and certainty dissolves into probability." However the judge did consider there was enough evidence to prove that Bendectin doubled the chances of developing birth defects.

The Daubert ruling was a setback to the plaintiffs, who had sued pharmaceutical companies to try and get justice. However, there are numerous avenues that the injured party could pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer can assist victims about whether they have an opportunity to file a claim. Lawyers can assist plaintiffs determine if they are qualified to file a personal lawsuit or a class action. In some cases lawyers can bring a lawsuit on behalf of a birth injuries as part multidistrict litigation. Fill out the form below to get a confidential and free consultation with an attorney.

Representation

Modern technology and recent advances in the medical field may have decreased the risk of complications that can occur during pregnancy and childbirth but they're still not completely eliminated. When a birth defect or injury occurs, and the cause was preventable parents can seek legal action to pay for the costs associated with treatment.

Medical negligence claims tend to be based on a doctor's failure diagnose or treat a disease. For example, a physician may not perform an ultrasound exam or make an error during surgery, resulting in a birth defect, such as spina bifida. Other common causes of a birth defect lawsuit include improper medication for the mother or exposure to chemicals or other environmental dangers while the baby develops in the womb.

A birth defect can affect any part of the body of a baby and impact their health, function and appearance. In some cases, a birth defect lawsuits defect can severely reduce a baby's life expectancy, or cause a significant amount of medical expenses.

If you think the birth defect or injury was the result of medical malpractice or negligent care during pregnancy or labor get in touch with a reputable birth defect attorney today. A lawyer can help you discover your options and make a claim before the statute of limitations expires. A lawyer might also be in a position to negotiate settlements on behalf of you with the responsible parties for the injuries your infant sustained.