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How to File a Birth Defect Lawsuit

Modern medical and technological advances have significantly decreased the risks of childbirth. However, birth defects or injury is still a common occurrence.

A birth defect lawsuit seeks reimbursement for medical expenses of your child education costs, as well as 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 can be one of the most exciting, yet nerve-wracking experiences in the life of a parent. Parents want their babies to be perfect, and doctors try to do everything they can to prevent birth defects from occurring. However, carelessness and negligence on the part of medical practitioners can increase the risk of birth injuries and birth defects. Families who are shocked by this news should think about taking legal action to remedy a birth defect.

A successful birth defect suit can result in damages for a variety of different things. This includes suffering for the victim as well as loss of consortium, medical expenses, in addition to loss of earning capacity. The amount of damages the victim will receive is contingent on the severity of the child's condition, and how much it has affected their quality of living.

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

If you suspect that medical error caused the birth injury of your child or birth defect, you must consult a lawyer for birth defects immediately. In some states, there is only one year to file a medical negligence lawsuit, and waiting more than that could result in losing your chance to obtain the justice you are due for the injury your child sustained.

Statute of limitations

A statute of limitation is a law that defines the deadline for an individual to file an action in civil court. A person who misses a deadline will lose the right to sue a defendant for damages. 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 hospital or doctor that caused a patient's injuries during labor and delivery. These types of cases are typically called birthing injuries lawsuits or wrongful birth suits however Florida's laws permit parents to pursue a medical malpractice suit to bring a child's death.

In a case of medical malpractice the plaintiff must prove the at-fault doctor failed to adhere to the expected level of care and consideration that other health care providers would have utilized in similar circumstances. This includes failing to diagnose an illness that is serious, such as low levels of oxygen in the childbirth process that result in cerebral palsy or brain damage.

Contacting a qualified attorney is the first step to file an action for birth defects. Many attorneys provide free consultations and case review to prospective clients. If an attorney believes that the client's claim is legitimate they will look over the medical documents of the client and employ experts to evaluate the records. They will also assist in preparing documents and file the medical malpractice lawsuit on time.

Expert Witnesses

In a case involving birth defect attorneys injuries it is crucial to have experts who can explain medical procedures and practices to jurors. However, expert witnesses can be difficult to work with as they must carefully examine massive quantities of information and be able to make decisions based on evidence rather than opinions. They must also be able to testify regarding information that might contradict their views.

In the Daubert case the plaintiffs' experts suggested that Bendectin was the cause of their child's birth defects. The judge ruled that the evidence was at the "cutting edge of research in science, where reality meets theory and the certainty transforms into probabilities." However the judge did believe there was enough evidence to prove that Bendectin doubled the chances of developing birth defects.

The Daubert decision was a setback to plaintiffs who had filed suit against pharmaceutical companies in an attempt to get justice. But there are many ways that an injured party may pursue a lawsuit for birth defects.

A Philadelphia birth defect attorney can assist those suffering from birth defects to determine whether they are a victim. A lawyer can decide if the plaintiff is eligible to file a lawsuit individually or as part of an action class. In certain cases a lawyer may bring a birth injury lawsuit as part of multidistrict lawsuit (MDL). Complete 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 that can occur during pregnancy and childbirth, however they are not completely eliminated. If 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 claims typically result from a doctor's inability to diagnose or treat a condition. A physician may not 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 that is taken by the mother, or exposure to chemicals and other environmental dangers during the child's development during the womb.

A birth defect can affect any part of a newborn's body. It can affect their health, function and appearance. In some cases birth defects can dramatically reduce a child's life expectancy or lead to a significant amount of medical costs.

Contact an attorney for birth defects today if you believe that the birth injury or defect was caused by medical negligence or negligence during labor or pregnancy. A lawyer can provide you with your options and help file a claim prior to the deadline for filing. A lawyer can also negotiate an agreement with the parties accountable for the injury suffered by your infant.