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How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have significantly reduced the risk of birth. Birth defects or injuries occur frequently.

A birth defect lawsuit seeks compensation for your child's medical expenses education costs, as well as other losses. You must prove that the medical professional in question has violated the standard medical treatment prior to or during the birth or delivery.





Damages

Pregnancy is one of the most exciting and nerve-wracking times in a parent's life. Parents want their children to be perfect, and doctors work to do everything possible to prevent birth defects from happening. Inattention to medical issues and negligence can increase the risk for birth defects and injuries. A family that is shocked by this situation should consider suing for a birth defect.

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

Birth defects and birth injuries can be caused by a variety of factors such as environmental exposures. Studies have shown that pesticides such as lead and fungicides and paints, heavy metals and heavy metals, may increase the risk of birth defects. Birth defect lawyers have brought suits against businesses that have exposed workers to toxic chemicals, as well against pharmaceutical companies that have made drugs that could cause birth defects in fetuses like DES.

If you believe that your child's birth defect, or birth injury was caused by medical malpractice, it is important to consult a reputable birth defect lawyer as soon as possible. In certain states, you have only one year to file a lawsuit claiming medical malpractice. If you wait longer it could mean that your child will never receive the justice they deserve.

Statute of limitations

A statute of limitation is a law that establishes the time limit for someone to file a civil lawsuit. If a person fails to meet the deadline will lose the right to sue a defendant for damages. Birth injury cases have more complex statutes of limitations than other kinds of medical malpractice claims.

A lawsuit is typically brought against the doctor or hospital that caused an injury to the patient during labor and birth. These cases are often called birthing injury suits or wrongful birth lawsuits although Florida's laws permit parents to file a malpractice suit in the event of the death of an infant.

In a medical malpractice case the injured party must prove the at-fault doctor did not follow the standards of care and consideration that another medical professional would have used in similar circumstances. This includes failing to recognize an illness that is serious such as low levels of oxygen during childbirth that can cause cerebral palsy or brain damage.

Finding a reputable attorney is the first step to file a lawsuit for birth defects. Many attorneys provide free consultations for potential clients. If an attorney believes a client's claim is valid they will look over the medical documents of the client, and they will hire experts to analyze them. They will also assist in preparing documents and file the medical malpractice lawsuit in time.

Expert Witnesses

In a birth injury case it is crucial to have experts who can explain medical procedures and practices before a jury. Expert witnesses can be difficult because they must carefully examine a large amount of information in order to make a decision in accordance with facts rather than opinion. They must also be willing to testify on facts that might conflict with their positions.

In the Daubert case, the plaintiffs' experts suggested that Bendectin had caused birth defects for their child. The judge concluded that the evidence was on the "cutting edge of research in science, where reality is matched by theory, and certainty turns into probabilities." However the judge did not consider there was enough evidence to support the claim that Bendectin doubled a baby's chance of developing birth defects.

The Daubert decision was a blow to plaintiffs that had filed lawsuits against pharmaceutical companies in the hope of obtaining justice. There are birth defect attorney lakewood that an injured person can pursue a lawsuit for birth defects.

A Philadelphia birth defect lawyer can advise victims about whether they have a claim. Lawyers can determine if an individual plaintiff is eligible to pursue a lawsuit by themselves or as part of a class action. In certain cases, a lawyer can make a birth injury claim as part of multidistrict litigation (MDL). Complete the form below to receive a private and free consultation with an attorney.

Representation

Modern technology and recent advances in the medical field may have reduced the risk of complications occurring during childbirth and pregnancy, but they're not completely eliminated. If a birth defect or injury occurs, and the cause is preventable, parents can pursue legal action to cover the costs related to treatment.

Medical negligence claims often result from a doctor's inability to identify or treat a problem. A doctor might fail to conduct an ultrasound or make a mistake during surgery, resulting in birth defects such as spina bifida. Birth defects can also be caused by improper medication that is taken by the mother, or exposure to chemicals or other environmental dangers that can affect the development of the baby during the womb.

A birth defect may affect any part of the newborn's body that can affect their appearance, health, and functioning. In some cases birth defects can decrease the life span of a child or trigger major medical expenses.

If you believe the birth defect or injury was due to negligence or medical malpractice during labor or birth consult a certified birth defect lawyer today. A lawyer can assist you in understanding your options and assist you file a claim prior to the statute of limitation expiring. A lawyer can also negotiate a settlement with the parties accountable for the injury of your child.