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How to File a Birth Defect Lawsuit

Modern technology and advancements in medicine have dramatically reduced the risk of the birth of a child. But, a birth defect or injury is still a common occurrence.

A birth defect lawsuit seeks to compensate your child for medical expenses, education costs, and other losses. You must prove that the medical professional involved did not follow the standard of care during or before the pregnancy or birth.

Damages

Pregnancy is one of the most exciting and stressful experiences a parent can experience. Parents want their babies perfect, and doctors do their best to prevent birth defects. Unfortunately, negligence and carelessness on the part of medical practitioners can increase the chance of birth injuries and defects. In the event of this happening families that are shocked may want to seek justice through a birth defect lawsuit.

A successful birth defect lawsuit could result in damages for many different things. This includes the victim's pain and suffering, loss of consortium, medical expenses, and loss of earning capacity. The amount of damages the victim will be awarded is contingent on the severity of the child's medical condition and how it has affected their standard of life.

Birth defects and birth injuries can be caused by a number of factors that include environmental exposures. Studies have proven that certain chemicals like pesticides, fungicides and lead, as well paints and heavy metals may increase the risk of birth defects. Birth defect lawyers have filed lawsuits against companies that exposed employees to harmful chemicals as well as pharmaceutical companies that manufacture drugs like DES that could cause birth defects in fetuses.

If you think your child's birth defect, or birth injury was the result of medical negligence, you must consult a reputable birth defect lawyer as quickly as you can. In some states, there is only one year to file a medical malpractice suit, and if you wait longer than that could result in losing the chance to receive the justice you are due for the injury your child sustained.

Statute of limitations

A statute of limitation is a law which establishes the deadline for filing an action in civil court. A person who misses a deadline loses the right to pursue a defendant for damages. Birth injury claims may be more complex in terms of the time limit than other medical malpractice claims.

A lawsuit is usually filed against the hospital or doctor who caused injury to patients during labor or delivery. These cases are sometimes referred to as birthing injury lawsuits or wrongful mountain view birth defect lawsuit lawsuits however Florida's laws allow parents to file a malpractice lawsuit in the event of the death of a child.

In order to prove medical malpractice, the victim will need to show that the doctor at fault didn't adhere to the standard of care and consideration required by a different health healthcare provider in similar circumstances. This includes failing diagnose serious conditions like low oxygen levels in childbirth that can cause cerebral palsy and brain damage.

Finding a reputable attorney is the first step in filing a lawsuit for birth defects. A majority of attorneys offer free consultations 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 hire experts to review the evidence. They will also help prepare documents and file the medical malpractice suit on time.

Expert Witnesses

In a case involving birth injuries, it is vital to be able to have medical experts explain to jurors the medical practices and procedures. Expert witnesses can be difficult because they have to carefully review a large amount of information to be able make decisions that are based on evidence rather than opinion. They also have to be willing to testify on facts that could contradict their position.

In the Daubert case the plaintiffs' experts argued that Bendectin caused the birth defects of their child. The judge concluded that the evidence was "at the cutting edge of scientific research where fact meets theories, and certainty dissolves into probabilities." However the judge was not convinced there was enough proof that Bendectin caused birth defects.

The Daubert ruling was a setback to the plaintiffs, who had sued pharmaceutical companies in order to win justice. There are many avenues an injured person can seek a legal action over the birth defect.

A Philadelphia birth defect attorney can help victims determine whether they're eligible for a claim. A lawyer can determine whether an individual plaintiff is eligible to file a suit on their own or as part of a class action. In some cases lawyers can bring a lawsuit on behalf of a birth injury as part a multidistrict lawsuit. Fill out the form to receive a private and free consultation with an attorney.

Representation

Although modern technology and recent advances in the field of medicine have significantly reduced the risk of complications during pregnancy and childbirth However, they aren't eliminated. When a birth defect or injury occurs, and the cause is preventable, parents can seek legal action to pay for the costs related to treatment.

Medical negligence claims are often result from a doctor's inability diagnose or treat a condition. A doctor might fail to diagnose 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 birth defect other environmental hazards during the baby's development in the womb.

A birth defect could affect any part of the newborn's body and affect their health, appearance and performance. In some cases birth defects can shorten a baby's lifespan or cause significant medical costs.

If you suspect your child's birth defect or injury was the result of negligence or medical malpractice during labor or birth, contact a qualified birth defect attorney today. A lawyer can explain your options and assist you to submit a claim prior to the statute of limitations expiring. A lawyer can also negotiate a settlement with the responsible parties for the injury of your child.