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When this occurs the family of the victim should consider seeking justice through a birth defect lawsuit.<br><br>A successful birth defect lawsuit could result in damages for a variety of different things. This includes pain and suffering for the victim as well as loss of consortium, medical expenses, not to mention loss of earning capacity. The amount of damages a victim will receive depends on the degree of the child's health, and how much it has affected their standard of life.<br><br>[https://vimeo.com/707237237 san angelo Birth Defect lawsuit] defects and birth injuries can be caused by a number of factors such as environmental exposures. Studies have revealed that certain chemicals, like pesticides, fungicides, lead, heavy metals and paints can increase the likelihood of birth defects. Birth defect lawyers have filed lawsuits against companies that exposed workers to hazardous chemicals, as well as against pharmaceutical companies that have developed drugs that can cause birth defects in fetuses, like DES.<br><br>If you suspect that medical malpractice caused the birth injury or birth defect, you should seek out a birth defect lawyer immediately. In certain states, you only have one year to file a medical negligence suit, and waiting any longer than that could mean losing your chance to get the justice you deserve for your child's injury.<br><br>Statute of limitations<br><br>A statute of limitations is a law which defines the time frame for which a person has to file a civil claim. If a person fails to meet an expiration date will lose the right to pursue a defendant for damages. Birth injury claims may be more complex in terms of the time limit than other medical malpractice claims.<br><br>A lawsuit is typically filed against the medical professional or hospital that caused a patient's injuries during labor and birth. These cases can be called birthing injury suits or wrongful birth lawsuits however, Florida's laws allow parents to file a malpractice lawsuit for the death of an infant.<br><br>To prove medical malpractice, the party who suffered will need to show that the doctor who was at fault did not adhere to the level of care and consideration required by a different health care provider in similar circumstances. This includes failing to diagnose an illness that is serious for example, low levels of oxygen during childbirth which can cause cerebral palsy or brain damage.<br><br>The first step to file a birth defect lawsuit is to speak with an experienced attorney. Many attorneys provide free consultations and reviews of cases to prospective clients. If the attorney believes that a client has a valid claim they will review medical records and hire expert witnesses to assess their credibility. They can also assist in the preparation of documents and file the medical malpractice suit on time.<br><br>Expert Witnesses<br><br>In a case that involves birth injuries, it is vital to have medical experts that can provide a jury with the medical procedures and practices. Expert witnesses can be difficult to work with since they must be able to scrutinize massive amounts of information and be able to make decisions based on evidence rather than opinions. They should also be prepared to testify on facts which may contradict their position.<br><br>In the Daubert case the plaintiffs' experts argued that Bendectin was the cause of birth defects in their child. The judge found that the evidence was at the "cutting edge of scientific research, where evidence meets theory, and certainty transforms into probability." However the judge did consider there was enough evidence to prove that Bendectin increased the chance of developing birth defects.<br><br>The Daubert decision was a blow to plaintiffs who had filed suit against pharmaceutical companies in the hope of obtaining justice. Nonetheless, there are still numerous avenues that an injured party may pursue a birth defect lawsuit.<br><br>A Philadelphia birth defect lawyer can assist victims about whether they have an opportunity to file a claim. Lawyers can assist clients determine if they're eligible to file a lawsuit on their own or a class action. In some instances attorneys can make a claim for birth injury as part of a multidistrict lawsuit. To get started you must fill out the form here for the opportunity to have a no-cost and confidential consultation with a professional attorney.<br><br>Representation<br><br>Although modern technology and recent advances in the field of medicine have drastically reduced the chance of complications during childbirth and pregnancy but they aren't completely eliminated. Parents can take legal action if they suffer a birth defect or birth injury occurs, and the reason could have been avoided.<br><br>Medical negligence claims often stem from a doctor's failure to identify or treat a problem. A physician may fail to diagnose an ultrasound or make a mistake in surgery, [https://school.kamkak.com/bbs/board.php?bo_table=free&wr_id=2860604 san angelo birth Defect lawsuit] leading to birth defects like spina bifida. 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