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How to File a Birth Defect Lawsuit

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

A birth defect lawsuit seeks reimbursement for your child's medical expenses as well as educational costs and other expenses. You must prove that the medical professional you are suing did not follow the standard of care during or before the birth or during pregnancy.

Damages

Pregnancy can be one of the most exciting, yet nerve-wracking times in the life of a parent. Parents want their children to be perfect, and doctors work to do everything possible to prevent birth defects from occurring. However, carelessness and negligence on the part of medical practitioners can increase the risk of birth defects and injuries. A family who is shocked by this situation should consider 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 for the victim along with loss of consortium and medical expenses, not to mention loss of earning capacity. The amount of damages that the victim will be awarded is contingent on the severity of the child's condition, 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 exposure to environmental factors. Studies have revealed that certain chemicals, like pesticides, fungicides, lead, heavy metals and paints can increase the risk of birth defects. Birth defect lawyers have filed lawsuits against companies that exposed workers to harmful chemicals and pharmaceutical companies that make drugs such as DES that can cause birth deformities in fetuses.

If you think your child's birth defect or birth injury was the result of medical malpractice, you should consult a skilled birth defect attorneys defect lawyer as soon as you can. In certain states, you only have one year to file a medical negligence lawsuit, and waiting more than that could result in losing your chance to obtain the justice you deserve for your child's injury.

Statute of limitations

A statute of limitations is a law that defines the time limit for someone to file an action in civil court. A person who misses an expiration date will lose the right to claim damages against a defendant. Birth injury cases may have more complex statutes of limitations than other types of medical malpractice claims.

A lawsuit is usually filed against the doctor or the hospital that caused a patient's injuries during labor and birth. These cases are commonly called birthing injuries lawsuits or wrongful birth suits however, Florida's laws permit parents to pursue a medical malpractice suit for the death of an infant.

In order to prove medical malpractice, the party who suffered must prove that the doctor who was at fault was not able to meet the standard of care and consideration expected by another health medical professional in similar circumstances. This includes failing to recognize a serious condition, such as low levels of oxygen in the childbirth process which can cause cerebral palsy or brain damage.

The first step in filing a birth defect lawsuit is to contact an experienced attorney. A majority of attorneys offer free consultations and case review to prospective clients. If an attorney believes that the client's claim is legitimate they will examine the medical documents of the client and hire experts to review the claims. They can also assist in the preparation of documents and filing 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 jurors. Expert witnesses can be difficult as they must carefully examine an extensive amount of information to be able to make decisions based on fact rather than opinions. Additionally, they must be willing to testify about facts that could contradict their views.

In the Daubert case the plaintiffs' experts claimed that Bendectin had caused birth defects for their child. The judge concluded that the evidence was at the "cutting edge of scientific research, where fact meets theory, and certainty transforms into probabilities." However the judge did believe there was enough proof that Bendectin doubled a baby's risk of developing birth defects.

The Daubert ruling was a setback for plaintiffs, who had sued pharmaceutical companies to win justice. But there are numerous avenues that an injured person can pursue a lawsuit for birth defects.

A Philadelphia birth defect law firms defect attorney can assist victims in determining whether they have a case. Lawyers can determine if the plaintiff is able to file a lawsuit individually or as part of an action class. In certain cases lawyers can start a lawsuit for birth injury as part of multidistrict litigation. To begin complete the form on this page to request a an initial consultation for free and confidential with a reputable lawyer.

Representation

Although the advancements in technology and advancements in the medical field have greatly reduced the risk of complications during childbirth and pregnancy However, they aren't eliminated. Parents can take legal action if a birth injury or defect occurs, and the cause could have been prevented.

Medical negligence claims tend to be caused by a doctor's inability to identify or treat an illness. For Birth Defect Law firms instance, a doctor could neglect to perform an ultrasound screening or make a mistake during surgery, resulting in a birth defect such as spina bifida. Birth defects can be caused by improper medication that is taken by the mother, or exposure to chemicals or other environmental hazards during the baby's development in the womb.

A birth defect can affect any part of the newborn's body which can affect their health, appearance and function. In some instances birth defects can shorten the lifespan of a baby or result in substantial medical expenses.

If you think the birth defect or Birth Defect law Firms injury was caused by negligence or medical malpractice during pregnancy or labor consult a certified birth defect lawyer today. A lawyer can help explain your options and help make a claim prior the statute of limitation expiring. A lawyer can also negotiate a settlement with the responsible parties for the injury suffered by your infant.