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How to File a Birth Defect Lawsuit

Modern technology and advancements in medicine have dramatically reduced the risks associated with birth. However, birth defect lawsuits defects or injury can still happen frequently.

A birth defect lawsuit seeks to pay your child's medical expenses, educational costs and other losses. You must prove that the medical professional involved violated the standard care prior to or during the pregnancy or birth.

Damages

Pregnancy is among the most exciting and stressful times in a parent's life. Parents want their babies to be perfect, and doctors try to do all they can to prevent birth defects from happening. However, carelessness and negligence on the part of medical practitioners can increase the risk of birth injuries and birth defects. When this occurs families that are shocked should consider seeking justice through a birth defect lawsuit.

A successful birth defect lawsuit may result in damages for a number of different things. These include the victim's pain and suffering as well as loss of consortium, medical expenses and lost earning capacity. The amount of the damages a victim is awarded will depend on the severity of their child's medical condition and the extent that it has affected with their daily life.

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

If you suspect that medical malpractice caused your child's birth injury or birth defect, consult a lawyer for birth defects immediately. In some states, there is only one year to file a medical malpractice lawsuit, and waiting more than that could result in losing your chance of getting the justice you need for your child's injuries.

Statute of limitations

A statute of limitations is a law that determines the time frame for which a person has to file a civil action. If a person fails to meet the deadline, they will lose their right to seek damages from a defendant. Birth injury claims may be more complex in terms of the time limit than other medical malpractice claims.

A lawsuit is typically filed against the hospital or doctor that caused a patient's injuries during labor and birth. These cases are usually known as birthing injury lawsuits or wrongful birth suits though Florida's laws allow parents to bring a medical malpractice lawsuit in the event of a baby's death.

In a case of medical malpractice the victim must prove the at-fault doctor failed to adhere to the standard of care and consideration that another health care provider would have used in similar circumstances. This includes failing to diagnose an illness that is serious, for example, low levels of oxygen during childbirth which could lead to cerebral palsy and brain damage.

Contacting a reputable attorney is the first step towards filing a lawsuit for birth defects. Most attorneys offer free consultations and case reviews for potential clients. If an attorney is convinced that the claim of a client is legitimate they will look over the medical documents of the client and then hire experts to analyze them. They will also assist in preparing documents and filing the medical malpractice lawsuit on time.

Expert Witnesses

In a case involving birth injuries, it is essential to have medical experts that can explain to jurors the medical procedures and practices. Expert witnesses can be difficult as they have to scrutinize the vast amount of information to be able to make decisions based on facts, not opinions. Additionally, they must be willing to testify about facts that might conflict with their views.

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 on the "cutting edge of scientific research, where evidence meets theory, and certainty transforms into probabilities." However the judge did not believe there was enough evidence to support the claim that Bendectin doubled a baby's risk of developing birth defects.

The Daubert ruling was a setback for plaintiffs, who had filed a lawsuit against pharmaceutical companies in order to achieve justice. Nonetheless, there are still many ways that an injured party may pursue a lawsuit for birth defects.

A Philadelphia birth defect lawyer can assist those suffering from birth defects to determine whether they have a case. A lawyer can determine whether an individual plaintiff is eligible to file a lawsuit individually or as part of a class action. In some cases, an attorney can file a lawsuit for birth injuries as part a multidistrict lawsuit. Complete the form below to receive a confidential and free consultation with an attorney.

Representation

Modern technology and recent advancements in the field of medicine could have reduced the risk of complications that can occur during childbirth and pregnancy, but they're not entirely eliminated. Parents can pursue legal action if a birth defect or birth injury occurs, and the reason could have been prevented.

Medical negligence claims tend to be caused by a doctor's inability to identify or treat an illness. Physicians may fail to perform an ultrasound or make a mistake in surgery, leading to birth defects such as spina bifida. Birth defects can be caused by a wrong medication taken by the mother, or exposure to chemicals or other environmental hazards during the baby's development in the womb.

A birth defect could affect any part of the newborn's body that can affect their appearance, health, and functioning. In some cases birth defects can severely reduce a baby's life expectancy, or cause an enormous amount of medical expenses.

Contact an attorney for birth defects today if you believe that the birth defect or injury was the result of medical negligence or mistakes during labor or pregnancy. A lawyer can assist you to identify your options and file a claim before the statute of limitations expires. A lawyer may also be able to negotiate the settlement on behalf of you with the responsible parties for your infant's injury.