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How to File a Birth Defect Lawsuit

Modern technology and advancements in medicine have dramatically reduced the risks associated with the birth of a child. But, a birth defect or injury can still happen frequently.

A birth defect lawsuit seeks reimbursement for medical expenses of your child education costs, as well as other expenses. You must prove that the medical professional involved has violated the standard medical treatment during or prior to the birth or delivery.

Damages

Pregnancy is among the most exciting and nerve-wracking experiences a parent can experience. Parents want their babies to be perfect, and doctors work to do all they can to stop birth defects from happening. Unfortunately, carelessness and negligence on the part of medical professionals can increase the risk of birth defects and injuries. A family that is shocked by this circumstance should think about suing for a birth defect.

A successful birth defect lawsuit can result in damages for a multitude of different things. This includes suffering and pain for the victim as well as loss of consortium, medical expenses, in addition to lost earning capacity. The amount of damages a person suffers will depend on the severity of their child's illness and the extent to which it has affected with their life quality.

Birth defects and birth injuries can be caused by a variety of factors such as environmental exposures. Studies have revealed that certain chemicals such as pesticides, fungicides, lead, paints and heavy metals can increase the chance of birth defects. Birth defect lawyers have filed lawsuits against companies who exposed workers to harmful chemicals, as well as pharmaceutical companies that make drugs like DES that may cause birth defects in fetuses.

If you suspect that your child's birth defect or injury is the result of medical malpractice, it is important to speak with a skilled birth defect lawyer as quickly as you can. In some states, you only have one year to file a lawsuit claiming medical malpractice. If you wait, it could mean that your child will never get the justice they deserve.

Statute of Limitations

A statute of limitations is a law that defines the time limit for a person to file a civil claim. If a person misses the deadline, they will lose the right to claim damages from the defendant. Birth injury claims can be more complex in terms of the statute of limitations than other medical malpractice claims.

A lawsuit is typically filed against the doctor or hospital who caused injury to an individual during labor and birth. These cases are often referred to as birthing injury lawsuits or wrongful birth lawsuits, however, Florida's laws allow parents to file a malpractice suit in the event of the death of a child.

In order to prove medical malpractice, the injured party must prove that the doctor who was at fault did not follow the standards of care and consideration required by a different health healthcare provider in similar situations. This includes failing in diagnosing an illness that is serious, such as low levels of oxygen in the childbirth process that cause cerebral palsy or brain damage.

Finding a reputable attorney is the first step to filing an action for birth defects. Many attorneys provide free consultations to potential clients. If an attorney believes a client's claim is valid they will examine the medical records of the client and hire experts to evaluate them. They will also help prepare documents and file the medical malpractice suit on time.

Expert Witnesses

In the case of a birth injury it is crucial to have experts who can explain medical procedures and practices to jurors. Expert witnesses can be difficult to testify because they must carefully examine the vast amount of information to be able to make decisions based on facts, not opinion. They should also be able to provide evidence on matters that could contradict their position.

In the Daubert case, the plaintiffs' experts suggested that Bendectin caused their child's birth defects. The judge found that the evidence was at the "cutting edge of research in science, where fact meets theory, and certainty transforms into probability." However the judge did believe that there was sufficient evidence to prove that Bendectin doubled a baby's risk of developing birth defects.

The Daubert ruling was a setback to the plaintiffs, who had sued pharmaceutical companies in order to get justice. There are many ways for a person who has suffered injury to seek a legal action over the birth defect.

A Philadelphia birth defect lawyer can assist victims on whether they have an opportunity to file a claim. Lawyers can assist clients determine if they're eligible to file a personal lawsuit or a class action. In some instances attorneys can file a lawsuit for birth injuries as part a multidistrict lawsuit. Fill out the form to receive a confidential and free consultation with an attorney.

Representation

Although the advancements in technology and developments in the field of medicine have greatly reduced the risk of complications during childbirth and pregnancy but they aren't completely eliminated. If a birth defect injury occurs and the cause was preventable, parents can seek legal action to cover the costs related to treatment.

Medical negligence claims are usually caused by a doctor's inability to diagnose or treat an illness. A doctor may fail to diagnose an ultrasound or make a mistake in surgery, leading to birth defect attorneys defects, such as spina bifida. Other causes for birth defect lawsuits include improper medication for the mother or exposure to chemicals or other environmental hazards as the baby is developing in the womb.

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

If you suspect that the birth defect or injury was the result of medical malpractice or negligent care during labor or pregnancy consult a certified birth defect attorney today. A lawyer can explain your options and assist you to submit a claim prior to the time limit expiring. A lawyer can also negotiate a settlement with the parties accountable for the harm to your infant.