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How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have significantly reduced the risk of childbirth. However, birth defects or injury is still a common occurrence.

A birth defect lawsuit seeks reimbursement for medical expenses of your child, educational costs, and other expenses. To be able to pursue an action, you must demonstrate that a medical professional breached the standard of care prior to or during pregnancy or delivery.

Damages

Pregnancy is among the most exciting and stressful moments in the life of a mother. Parents want their children to be perfect, and doctors strive to do everything they can to prevent birth defects from occurring. Unfortunately, carelessness and negligence on the part of medical practitioners can increase the chance of birth injuries and birth defects. A family who is shocked by this incident should think about the possibility of suing over a birth defect.

A successful birth defect suit can result in damages for a variety of different things. This includes suffering and pain for the victim along with loss of consortium and medical expenses, not to mention lost earning capacity. The amount of damages that a victim will receive depends on the severity of the child's illness and how much it has affected their quality of living.

Birth injuries and birth defects can be caused by a number of causes which include environmental exposures. Studies have proven that certain chemicals such as pesticides, fungicides and lead, as well as paints and heavy metals can increase the chances of birth defects. Birth defect lawyers have brought lawsuits against companies that have exposed workers to toxic chemicals, as well against pharmaceutical companies who have manufactured drugs that could cause birth defects in fetuses, like 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 certain states, you have only one year to file a medical malpractice suit, and waiting longer than that may mean losing your chance to get the justice you need for your child's injuries.

Statute of Limitations

A statute of limitations is a law which defines the time limit for a person to file a civil lawsuit. If a person misses the deadline, they will lose their right to seek damages from a defendant. Birth injury claims may 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 lawsuit in the event of the death of a child.

To prove medical negligence, the person who was injured will need to show that the doctor responsible was not able to meet the standard of care and consideration expected by another health medical professional in similar circumstances. This includes not being able to identify an illness of serious severity for example, low levels of oxygen during childbirth that cause cerebral palsy or brain damage.

A qualified attorney should be the first step to filing an action for birth defects (mouse click the next internet page). Most attorneys offer free consultations and case review to prospective clients. If the attorney is convinced that a client has a valid claim, they will look over medical records and hire experts to examine them. They will also help prepare documents and file the medical malpractice lawsuit 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 a jury. However, expert witnesses aren't easy to work with because they must carefully examine massive amounts of evidence and make decisions based upon facts rather than their opinions. They should also be prepared to provide evidence on matters that might contradict their opinions.

In the Daubert case, the plaintiffs' experts suggested that Bendectin was the cause of their child's birth defects. The judge concluded that the evidence was on the "cutting edge of scientific research, where evidence is matched by theory, and certainty turns into probability." However the judge did not consider there was enough evidence that Bendectin doubled a baby's risk of developing birth defects.

The Daubert ruling was a setback for the plaintiffs, who had suing pharmaceutical companies in order to achieve justice. However, there are numerous avenues that the injured party could pursue a lawsuit for birth defects.

A Philadelphia birth defect attorney can assist those suffering from birth defects to determine whether they have a case. A lawyer can assist plaintiffs determine whether they are qualified to file a personal lawsuit or a class action. In certain instances lawyers can bring a birth injury lawsuit in the context of multidistrict litigation (MDL). To start complete the form below for a an unreserved and confidential consultation with a professional 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're not completely eliminated. If a birth defect or injury occurs and the cause was preventable parents can pursue legal action to cover costs associated with treatment.

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

A birth defect can affect any part of a newborn's body and impact their health, function and appearance. In some instances birth defects can drastically reduce a baby's life expectancy, or cause a significant amount of medical expenses.

Contact an attorney for birth defects now if you believe your child's birth defect or birth injury was caused by medical negligence or negligence during labor or pregnancy. A lawyer can help discover your options and make a claim before the deadline for filing a claim expires. A lawyer can also negotiate an agreement with the parties accountable for the injury suffered by your infant.