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How to File a Birth Defect Lawsuit

Modern technology and advancements in medicine have dramatically reduced the risk of childbirth. But, a birth defect or injury still happens frequently.

A birth defect lawsuit seeks to compensate your child for medical expenses, educational costs as well as other losses. You must prove that the medical professional you are suing did not follow the standard of treatment prior to or during the birth or during pregnancy.

Damages

Pregnancy is among the most exciting and stressful moments in the life of a mother. Parents want their children to be perfect, and doctors attempt to do everything possible to stop birth defects from happening. Medical negligence and carelessness can increase the risk for birth defects and injuries. A family who is shocked by this situation should consider seeking legal action for a birth defect.

A successful birth defect lawsuit may result in damages for a multitude 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 the victim will receive is contingent on the severity of the child's medical condition and how much it has affected their standard of living.

Environmental exposures can lead to birth injuries and birth defects. Studies have revealed that certain chemicals like fungicides, pesticides lead, paints and heavy metals may increase the likelihood of birth defects. Birth defect lawyers have filed lawsuits against companies that exposed workers to these toxic chemicals, as well against pharmaceutical companies that have developed drugs that could cause birth defects in fetuses, like DES.

If you suspect that medical negligence caused the birth injury of your child or birth defect, you must seek out a birth defect lawyer immediately. In some states, you only have one year to file a medical malpractice suit, and waiting longer than that could result in losing your chance to get the justice you are due for the injury your child sustained.

Statute of Limitations

A statute of limitations is a law which defines the time frame for which a person has to file a civil suit. Anyone who fails to meet a deadline will lose the right to claim damages against a defendant. Birth injury claims have a more complicated time limit than other medical malpractice claims.

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

In a medical malpractice case the victim must prove the at-fault doctor was not adhering to the standards of care and consideration any other medical professional would have followed in similar circumstances. This could include failing to recognize a serious illness, such as low levels of oxygen in the childbirth process which can lead to cerebral palsy and brain damage.

A qualified attorney should be the first step to filing a lawsuit for birth defect attorneys defects. A majority of attorneys offer free consultations and case reviews for potential clients. If an attorney believes that a client's claim is valid they will go over the medical records of the client, and they will hire experts to analyze the records. They can also assist in the preparation of documents and file the medical malpractice lawsuit in time.

Expert Witnesses

In a birth injury case it is crucial to have experts who can explain medical procedures and practices to a jury. Expert witnesses can be difficult as they must scrutinize the vast amount of information to be able to make decisions based on facts, not opinion. They should also be prepared to testify on facts that could contradict their position.

In the Daubert Case, the plaintiffs' expert argued that Bendectin caused the birth defect in their child. The judge ruled that the evidence was "at the forefront of scientific research where fact meets theories and the certainty is transformed into probabilities." However the judge was not convinced there was enough proof that Bendectin caused birth defects.

The Daubert ruling was a setback for plaintiffs who had sued pharmaceutical companies in order to win justice. There are numerous avenues for a victim to pursue a lawsuit over the birth defect.

A Philadelphia birth defect lawyer can advise victims about whether they have a claim. A lawyer can help plaintiffs determine whether they are eligible to file a lawsuit on their own or a class action. In some cases attorneys can file a lawsuit for birth injury as part a multidistrict litigation. Complete the form below for a confidential and free consultation with an attorney.

Representation

Modern technology and birth defect lawsuits recent advances in the medical field may have decreased the chance of complications arising during pregnancy and childbirth, but they're not entirely eliminated. When a birth defect or injury occurs, and the cause was preventable, parents may pursue legal action to recover the costs related to treatment.

Medical negligence claims usually result from a doctor's inability to properly diagnose or treat a condition. For example, a physician may fail to conduct an ultrasound test or make mistakes during surgery, resulting in a birth defect like spina bifida. Other causes that can lead to birth defect lawsuits include insufficient medication for the mother or exposure to chemicals or other environmental hazards while the baby is developing in the womb.

A birth defect can affect any part of the body of a newborn and affect their health, appearance and functioning. In some instances birth defects may reduce a baby's lifespan or cause significant medical expenses.

Contact an attorney for birth defects today if you suspect that your child's birth injury or defect was caused by medical negligence or Birth Defect Lawsuits negligence during labor or pregnancy. A lawyer can help determine your options and submit a claim before the statute of limitations expires. A lawyer can also negotiate a settlement with the parties responsible for the harm to your child.