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How to File a Birth Defect Lawsuit

Modern medical and technological advances have significantly decreased the risks of childbirth. Birth defects or injuries still occur frequently.

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

Damages

Pregnancy is among the most exciting and stressful moments in the life of a parent. Parents want their babies to be 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. A family that is stricken by this news should think about suing for a birth defect.

A successful birth defect lawsuit could result in damages for a range of different things. This includes pain and suffering for the victim as well as loss of consortium, medical expenses, not to mention lost earning capacity. The amount of damages that an individual victim will be awarded depends on the severity of the child's condition and how much it has affected their quality of living.

Environmental exposures can result in birth defects and birth injuries. Studies have proven that certain chemicals such as pesticides, fungicides, lead, paints, and heavy metals can increase the chances of birth defects. Birth defect lawyers have filed suits against companies that exposed workers to harmful chemicals, and against pharmaceutical companies that have produced drugs that could cause birth defects in fetuses, like DES.

If you suspect that medical malpractice caused your child's birth injury or birth defect, you should seek out a birth defect lawyer immediately. In some states, you only have one year to file a lawsuit claiming medical malpractice. If you delay and you don't, your child won't get the justice they deserve.

Statute of Limitations

A statute of limitations is a law that establishes the time limit for a person to file a civil action. If a person fails to meet the deadline, they lose the right to collect damages from a defendant. Birth injury claims can have a more complicated statute of limitations than other medical malpractice claims.

A lawsuit is typically brought against the hospital or doctor that caused an injury to an individual during labor and birth. These cases are sometimes referred to birthing injury suits or wrongful birth lawsuits however Florida's laws permit parents to file a malpractice suit for the death of a child.

In a lawsuit for medical malpractice the plaintiff must prove the at-fault doctor did not adhere to the standards of care and consideration another medical professional would have utilized in similar circumstances. This includes failing to recognize a serious condition such as low levels of oxygen in the childbirth process that result in brain damage and cerebral palsy.

Contacting a qualified attorney is the first step in filing an action for birth defects. A majority of attorneys offer free consultations and reviews of cases to potential clients. If birth defect law firm santa maria believes that a client has a valid claim, they will examine medical records and employ experts to evaluate the evidence. They will also assist in preparing documents and filing the medical malpractice suit within time.

Expert Witnesses





In cases with birth injuries, it is vital to have medical experts that can explain to a jury the medical practices and procedures. However, expert witnesses can be difficult to work with since they must carefully examine massive amounts of evidence and make decisions based on facts rather than their opinions. In addition, they must be willing to testify about facts that might conflict with their positions.

In the Daubert case the plaintiffs' experts claimed that Bendectin contributed to birth defects for their child. The judge concluded that the evidence was on the "cutting edge of research in science, where reality meets theory and the certainty transforms into probability." However, the judge did not believe that there was sufficient evidence that Bendectin doubled a baby's chance of developing birth defects.

The Daubert ruling was a setback for the plaintiffs who had sued pharmaceutical companies to try and obtain justice. There are many ways an injured person can bring a lawsuit based on the birth defect.

A Philadelphia birth defect lawyer can help victims about whether they are eligible for an opportunity to file a claim. A lawyer can determine if a plaintiff is eligible to file a lawsuit individually or as part of a class action. In certain cases a lawyer may file a birth injury lawsuit in the context of multidistrict litigation (MDL). To start complete the form below for a a free and confidential consultation with a professional attorney.

Representation

While modern technology and recent advancements in the medical field have drastically reduced the chance of complications during childbirth and pregnancy however, they are not completely eliminated. If a birth defect, or injury occurs, and the cause was preventable, parents may pursue legal action to recover the costs associated with treatment.

Medical negligence claims are typically result from a doctor's inability diagnose or treat a condition. For instance, a doctor might fail to conduct an ultrasound examination or make an error during surgery, resulting in a birth defect like spina bifida. Other common causes of a birth defect lawsuit are insufficient medication for the mother or exposure to chemicals or other environmental dangers while the baby develops in the womb.

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

Contact an attorney for birth defects now if you believe the birth injury or defect was the result of medical negligence or carelessness during labor or birth. A lawyer can provide you with your options and assist you submit a claim prior to the statute of limitation expiring. A lawyer can also negotiate an agreement with the responsible parties for the injury suffered by your infant.