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How to File a Birth Defect Lawsuit

Modern medicine and technology have greatly reduced the risk of childbirth. Birth defects or injuries still occur frequently.

A birth defect lawsuit seeks to compensate your child for medical expenses, educational costs and other losses. You must prove that the medical professional in question breached the standard of treatment prior to or during the birth or delivery.

Damages

Pregnancy can be one of the most exciting, yet nerve-wracking experiences in a parent's lifetime. Parents want their children to be perfect, and doctors strive to do everything they can to stop birth defects from happening. However, carelessness and negligence on the part of medical professionals can increase the risk of birth injuries and defects. When this occurs an astonished family should consider seeking justice through a birth defect lawsuit.

A successful birth defect suit could result in damages for a variety of different things. These include a victim's suffering and suffering as well as loss of consortium, medical expenses and lost earning capacity. The amount of compensation a victim will receive depends on the severity of the child's medical condition, and how much it has affected their quality of life.





Environmental exposures can lead to birth defects and birth injuries. Studies have shown that certain chemicals, like pesticides, fungicides and lead, as well paints and heavy metals may increase the chance of birth defects. Birth defect lawyers have filed lawsuits against companies that exposed employees to harmful chemicals and pharmaceutical companies that make drugs like DES that could cause birth defects in fetuses.

If you suspect that medical negligence 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 if you wait longer than that could result in losing your chance to obtain the justice you have earned for your child's injury.

Statute of Limitations

A statute of limitation is a law that sets the time limit for a person to file an action in civil court. If a person fails to meet the deadline, they lose their right to seek damages from the defendant. Birth injury cases have more complicated statutes of limitations than other types of medical malpractice claims.

A lawsuit is usually filed against the hospital or doctor who caused injury to the patient during labor and delivery. These types of cases are typically referred to as birthing injury lawsuits or wrongful birth suits however Florida's laws permit parents to file a medical malpractice suit for the death of an infant.

In a lawsuit for medical malpractice the injured party must prove the at-fault doctor failed to adhere to the standard of care and consideration that another health care provider would have used in similar circumstances. This includes failing to recognize a serious condition, such as low oxygen levels during childbirth that can cause cerebral palsy and brain damage.

Finding a reputable attorney is the first step to filing an action for birth defects. The majority of lawyers offer free consultations and case review to prospective clients. If an attorney believes that the claim of a client is valid, they will review the medical records of the client, and they will hire experts to assess the claims. They can also assist in the preparation of documents and file the medical malpractice lawsuit in time.

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In a case that involves birth injuries, it's essential to have medical experts that can provide a jury with the medical procedures and practices. Expert witnesses can be difficult as they must carefully examine an extensive amount of information to be able make decisions based on facts, not opinions. They should also be prepared to provide evidence on matters that might contradict their beliefs.

In the Daubert case, the plaintiffs' experts suggested that Bendectin contributed to their child's birth defects. The judge concluded that the evidence was "at the cutting-edge of research in science where fact meets theories and the certainty is transformed into probabilities." However the judge did not believe there was enough evidence that Bendectin caused birth defects.

The Daubert decision was a blow to plaintiffs who had filed suit against pharmaceutical companies in an effort to obtain justice. Nonetheless, there are still various ways in which the injured party could pursue a lawsuit for birth defects.

A Philadelphia birth defect attorney can assist those suffering from birth defects to determine if they have a case. A lawyer can determine whether a plaintiff is eligible to pursue a lawsuit by themselves or as part of an action class. In certain instances lawyers can start a lawsuit for birth injuries as part of multidistrict litigation (MDL). To begin you must fill out the form on this page to request a the opportunity to have a no-cost and confidential consultation with a licensed attorney.

Representation

Although modern technology and recent advances in the field of medicine have significantly reduced the risk 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 can pursue legal action to recover the costs related to treatment.

Medical negligence claims typically stem from a doctor's failure to identify or treat a problem. For instance, a doctor could neglect to perform an ultrasound examination or make mistakes during surgery, resulting in a birth defect like spina bifida. Birth defects can also be caused by improper medication 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 could affect any part of the newborn's body, affecting their appearance, health and functionality. In certain cases, birth defects can reduce the life span of a child or trigger significant medical costs.

If you suspect that your child's birth defect or injury is the result of negligence or medical malpractice during labor or pregnancy consult a certified birth defect attorney today. A lawyer can assist you identify your options and make a claim prior to the deadline for filing a claim expires. A lawyer can also negotiate a settlement with the parties responsible for the injury of your infant.