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How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have greatly reduced the risks associated with childbirth. But, a birth defect or injury still happens frequently.

A birth defect lawsuit seeks to recover for medical expenses of your child education costs, as well as other losses. To be able to file claims, you must demonstrate that a medical professional violated the standard of care prior to pregnancy or delivery.

Damages

Pregnancy can be one of the most exciting, yet nerve-wracking events in the life of a parent. Parents want their babies to be perfect, and doctors try to do everything possible to stop birth defects from happening. Unfortunately, carelessness and negligence on the part of medical professionals can increase the chance of birth injuries and defects. In the event of this happening families that are shocked might want to pursue justice via a birth defect law firms (water.vouvstudio.com) defect lawsuit.

A successful birth defect lawsuit may result in damages for a multitude of different things. These include a victim's pain and suffering and loss of consortium, medical expenses and lost earning capacity. The amount of damages a victim receives will depend on the severity of their child's illness and the extent that it has affected with their life quality.

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

If you believe that your child's birth defect or birth injury is the result of medical negligence, you must consult a skilled birth defect lawyer as soon as possible. In some states, you have only one year to file a medical malpractice suit, and waiting any longer than that could result in losing your chance of getting the justice you have earned for your child's injury.

Statute of Limitations

A statute of limitations is a law that defines the deadline for filing an action in civil court. If someone misses the deadline, they will lose the right to collect damages from the defendant. Birth injury cases could have more complex statutes of limitations than other types of medical malpractice claims.

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

In a case of medical malpractice the injured party must prove that the doctor at fault did not adhere to the standard of care and consideration another health care provider would have applied in similar circumstances. This includes failing to recognize serious conditions like low oxygen levels in childbirth which can lead to cerebral palsy and brain damage.

The first step to file a birth defect lawsuit is to get in touch with a skilled attorney. Many attorneys provide free consultations to potential clients. If the attorney is convinced that a client has a valid case, they will look over medical records and engage experts to review the evidence. They will also help prepare documents and file the medical malpractice lawsuit on time.

Expert Witnesses

In cases with birth injuries, it is vital to have medical experts who are able to explain to jurors the medical practices and procedures. Expert witnesses can be difficult to work with because they must be able to scrutinize massive amounts of information and be able to make decisions based on facts rather than their opinions. They should also be prepared to provide evidence on matters which may contradict their position.

In the Daubert case, the plaintiffs' experts argued that Bendectin caused the birth defects of their child. The judge found that the evidence was at the "cutting edge of research in science, where reality is matched by theory, and certainty turns into probability." However the judge did believe there was enough evidence to prove that Bendectin doubled a baby's chance of developing birth defects.

The Daubert decision was a setback to plaintiffs who had filed suit against pharmaceutical companies in an effort to obtain justice. However, there are many ways that the injured party could pursue a lawsuit for birth defects.

A Philadelphia birth defect attorney can help victims determine whether they have a case. A lawyer can determine if an individual plaintiff is eligible to pursue a lawsuit by themselves or as part of a class action. In certain instances, a lawyer can bring a birth injury lawsuit as part of multidistrict litigation (MDL). To get started, fill out the form below for a a free and confidential consultation with a qualified 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. Parents may pursue legal action if a birth injury or defect occurs, and the reason could have been prevented.

Medical negligence claims often result from a doctor's inability to recognize or treat a condition. For instance, a doctor might fail to conduct an ultrasound exam or make mistakes during surgery, which could result in a birth defect, such as spina bifida. Birth defects can also be caused by improper medication that is taken by the mother, or exposure to chemicals and other environmental dangers during the child's development during the womb.

A birth defect could affect any part of the newborn's body, affecting their appearance, health and performance. In some instances birth defects can decrease a baby's lifespan or cause major medical expenses.

If you believe the birth defect or injury was due to negligence or medical malpractice during pregnancy or labor seek out a qualified birth defect lawyer today. A lawyer can assist you determine your options and make a claim prior to the statute of limitations runs out. A lawyer can also negotiate an agreement with the parties accountable for the harm to your infant.