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How to File a Birth Defect Lawsuit

Modern technology and medicine have dramatically reduced the risk of childbirth. Birth defects or injuries 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 violated the standard treatment during or prior to the birth or delivery.

Damages

Pregnancy can be one of the most exciting but nerve-wracking moments in the life of a parent. Parents want their babies perfect, and doctors do everything to prevent birth defects. Unfortunately, carelessness and negligence on the part of medical practitioners can increase the risk of birth injuries and defects. If this happens the family of the victim ought to consider pursuing justice through a birth defect lawsuit.

A successful birth defect attorney defect suit could result in damages for a variety of different things. These include the victim's pain and suffering, loss of consortium, medical expenses and lost earning capacity. The amount of damages that the victim will receive is contingent on the degree of the child's health and how it has affected their quality of living.

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 pesticides, fungicides, lead, paints and heavy metals may increase the chances of birth defects. Birth defect lawyers have brought lawsuits against companies that have exposed workers to these harmful chemicals, and against pharmaceutical companies that have developed products that cause birth defects in fetuses like DES.

If you suspect that medical error caused the birth injury of your child or birth defect, it is recommended to consult a lawyer for birth defects immediately. In certain states, you only have one year to file a medical malpractice suit, and waiting any longer than that could result in losing your chance of getting the justice you are due for the injury your child sustained.

Statute of limitations

A statute of limitations is a law that sets the time limit for someone to file an action in civil court. If a claimant fails to file by the deadline, they will lose their right to recover damages from the defendant. Birth injury claims be more complex in terms of the time limit than other medical malpractice claims.

A lawsuit is usually filed against the hospital or doctor that caused an injury to a patient during labor and delivery. These cases are usually referred to as birthing injury lawsuits or wrongful birth suits although Florida's laws allow parents to file a medical malpractice suit for the death of an infant.

To prove medical malpractice, the party who suffered will need to show that the doctor at fault didn't adhere to the standard of care and consideration expected by another health healthcare provider in similar situations. This includes failing to recognize an illness that is serious, for example, low levels of oxygen during childbirth which could lead to cerebral palsy and brain damage.

A qualified attorney should be the first step to filing a lawsuit against birth defects. A majority of attorneys offer free consultations to prospective clients. If an attorney believes that a client's claim is valid, they will review the medical records of the client, and they will hire experts to assess the claims. They can also assist in the preparation of documents and file the medical malpractice lawsuit within the timeframe.

Expert Witnesses

In cases which involves birth injuries, it is essential 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 as they must be able to scrutinize massive amounts of data and be able to make decisions based on facts rather than opinions. They should also be able to provide evidence on matters that might contradict their position.

In the Daubert Case, the plaintiffs' expert believed that Bendectin is the reason for the birth defect in their child. The judge concluded that the evidence was "at the cutting edge of research in science where fact meets theories, and certainty dissolves into probabilities." However the judge did not believe there was enough proof that Bendectin caused birth defects.

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

A Philadelphia birth defect lawyer can help victims about whether they have claims. Lawyers can assist plaintiffs determine if they are eligible to file a lawsuit as an individual or a class action. In certain cases attorneys can make a claim for birth injuries as part of an interdistrict litigation. Complete the form below to receive a private and free consultation with an attorney.

Representation

Modern technology and recent advances in the medical field may have reduced the risk of complications occurring during pregnancy and childbirth, however they're not completely eliminated. If a birth defect or injury occurs and the cause is preventable, parents may seek legal action to cover the costs related to treatment.

Medical negligence claims usually stem from a doctor's failure to recognize or treat a problem. A physician may fail to perform an ultrasound or make a mistake during surgery, leading to birth defects, such as spina bifida. Birth defects can be caused by improper medication taken by the mother, or exposure to chemicals or other environmental hazards during the baby's development in the womb.

A birth defect can affect any part of the body of a baby and affect their health, functioning and appearance. In some cases the birth defect could dramatically reduce a child's lifespan or result in a significant amount of medical expenses.

If you believe your child's birth defect or injury was caused by medical malpractice or negligent care during labor or birth get in touch with a reputable birth defect lawyer today. A lawyer can explain your options and help you submit a claim prior to the time limit expiring. A lawyer may also be able to negotiate the settlement on your behalf with the parties responsible for the injuries your infant sustained.