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How to File a Birth Defect Lawsuit

Modern medical technology and medicine have drastically decreased the risks of childbirth. Birth defects or injuries occur frequently.

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

Damages

Pregnancy is among the most exciting and stressful experiences a parent can experience. Parents want their children to be perfect, and doctors attempt to do everything they can to stop birth defects from occurring. Unfortunately, negligence and carelessness on the part of medical practitioners can increase the chance of birth injuries and birth defects. Families who are shocked by this incident should think about suing for a birth defect.

A successful birth defect suit can result in damages for a variety of different things. This includes the victim's suffering and suffering and loss of consortium, medical expenses and lost earning capacity. The amount of damages a person suffers will depend on the severity of their child's medical condition and the extent to which it has affected with their life quality.

Birth injuries and birth defects can be caused by a number of factors, including environmental exposures. Studies have revealed that certain chemicals like pesticides, fungicides, lead, paints and heavy metals may increase the chances of birth defects. Birth defect lawyers have brought suits against companies that exposed workers to these harmful chemicals, and against pharmaceutical companies that have produced products that cause birth defects in fetuses, such as DES.

If you think your child's birth defect, or birth injury was the result of medical negligence, you must consult a skilled birth defect lawyer as quickly as you can. In certain states, you have only one year to file a lawsuit against medical malpractice. If you wait, it could mean that your child will never receive the justice they deserve.

Statute of Limitations

A statute of limitations 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 will lose the right to collect damages from a defendant. Birth injury cases may have more complicated statutes of limitations than other types of medical malpractice claims.

A lawsuit is usually filed against the doctor or hospital who caused injury to patients during labor or delivery. These cases are usually called birthing injury lawsuits or wrongful birth suits however, Florida's laws permit parents to file a medical malpractice suit to bring a child's death.

To prove medical negligence, the person who was injured must prove that the doctor at fault didn't adhere to the standards of care and consideration expected by another health healthcare provider in similar situations. This includes failing to diagnose a serious condition like low levels of oxygen in the childbirth process that result in cerebral palsy and brain damage.

Contacting a reputable attorney is the first step to filing a lawsuit for birth defects. Many attorneys provide free consultations for potential clients. If an attorney is convinced that the client's claim is legitimate they will look over the medical documents of the client and employ experts to assess the claims. They can also assist in the preparation of documents and file the medical malpractice lawsuit in time.

Expert Witnesses

In a case involving birth injuries it is essential to have experts who can explain medical procedures and practices to a jury. Expert witnesses can be difficult since they have to carefully review a vast amount of data to be able make decisions in accordance with facts rather than opinions. Additionally, they must be able to testify regarding things that may contradict their views.

In the Daubert case the plaintiffs' experts claimed that Bendectin caused their child's birth defects. The judge concluded that the evidence was on the "cutting edge of research in science, where reality is matched by theory, and certainty turns into probabilities." However, the judge did not consider there was enough evidence to support the claim that Bendectin doubled a baby's risk of developing birth defects.

The Daubert ruling was a setback for the plaintiffs, who had filed a lawsuit against pharmaceutical companies to try and achieve justice. But there are various ways in which the injured party could pursue a lawsuit for birth defects.

A Philadelphia birth defect lawyer can provide victims with advice about whether they have a claim. A lawyer can decide if a plaintiff is eligible to file a suit on their own or as part of a class action. In some cases, a lawyer can make a birth injury claim in the context of multidistrict litigation (MDL). Fill out the form below to get a confidential and free consultation with an attorney.

Representation

Although the latest technology and developments in the field of medicine have greatly reduced the risk of complications during childbirth and pregnancy However, they aren't eliminated. If a birth defect or injury occurs, and the cause is preventable, parents can seek legal action to recover the costs associated with treatment.

Medical negligence claims typically result from a doctor's inability to identify or treat a condition. For example, a physician may fail to conduct an ultrasound exam or make an error during surgery, which could result in a birth defect such as spina bifida. Birth defects can be caused by improper medication taken by the mother, or exposure to chemicals and other environmental dangers that can affect the development of the baby in the womb.

A birth defect lawsuits defect can affect any part of the body of a baby and affect their health, performance and appearance. In some instances birth defects may reduce the life expectancy of a newborn or lead to significant medical costs.

If you think the birth defect or injury is the result of medical malpractice or negligent care during pregnancy or labor consult a certified birth defect lawyer today. A lawyer can assist you to understand your options and submit a claim before the deadline for filing a claim expires. A lawyer can also negotiate a settlement with the responsible parties for the harm to your infant.