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How to File a Birth Defect Lawsuit

Modern medical and technological advances have significantly decreased the risks of childbirth. But, a birth defect or injury is still a common occurrence.

A birth defect lawsuit seeks to recover for medical expenses of your child education costs, as well as other losses. To pursue such claims, you must prove that a medical professional did not meet the standard of care prior to or during pregnancy or the birth of your child.

Damages

Pregnancy is among the most exciting and stressful moments in the life of a mother. Parents want their babies to be perfect, and doctors try to do all they can to prevent birth defect attorneys defects from occurring. Unfortunately, carelessness and negligence on the part of medical practitioners can increase the risk of birth injuries and birth defects. When this occurs the family of the victim ought to consider pursuing justice through a birth defect lawsuit.

A successful birth defect lawsuit could result in damages for a number of different things. This can include the pain 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 illness and how it has affected their standard of life.

Birth injuries and birth defects can be caused by a number of causes, including exposure to environmental factors. Research has shown that certain chemicals, such as pesticides, fungicides and lead, as well paints and heavy metals may increase the risk of birth defects. Birth defect lawyers have filed suits against companies that exposed workers to these harmful chemicals, and also against pharmaceutical companies that have produced products that cause birth defects in fetuses like DES.

If you believe that your child's birth defect or birth injury was the result of medical malpractice, you should seek out a skilled birth defect lawyer as soon as possible. In certain states, you have only one year to file a medical negligence lawsuit, and waiting more 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 limitation is a law which establishes the deadline for filing an action in civil court. A person who misses a deadline loses the right to sue a defendant for damages. Birth injury claims can 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 an individual during labor and birth. These cases are sometimes called birthing injury suits or wrongful birth lawsuits, although Florida's laws permit parents to file a malpractice suit in the event of the death of a child.

In order to prove medical negligence, the person who was injured must prove that the doctor who was at fault was not able to meet the standard of care or consideration expected by another health medical professional in similar circumstances. This could include failing to recognize a serious illness, such as low oxygen levels in childbirth which can lead to cerebral palsy and brain damage.

The first step in filing a birth defect lawsuit is to speak with an experienced attorney. The majority of lawyers offer free consultations and reviews of cases to potential clients. If the lawyer believes that a client has a valid claim they will look over medical records and appoint experts to review the evidence. They will also help prepare documents and file the medical malpractice lawsuit on time.

Expert Witnesses

In a birth injury case it is crucial to have experts who can explain medical procedures and practices before a jury. Expert witnesses can be difficult as they have to carefully review an extensive amount of information in order to make a decision based on facts, not opinion. In addition, they must be willing to testify about things that may contradict their opinions.

In the Daubert case, the plaintiffs' experts argued that Bendectin contributed to their child's birth defects. The judge found 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 believe there was sufficient evidence to support the claim that Bendectin doubled the chances of developing birth defects.

The Daubert decision was a blow to plaintiffs who had filed suit against pharmaceutical companies in an effort to obtain justice. There are many ways that the injured party could pursue a Birth Defect (Arikkeu.com) lawsuit.

A Philadelphia birth defect lawyer can advise victims about whether they are eligible for a right to sue. A lawyer can determine whether a plaintiff is eligible to pursue a lawsuit by themselves or as part of an action class. In some instances lawyers can make a claim for birth injury as part of an interdistrict litigation. To get started you must fill out the form on this page to request a the opportunity to have a no-cost and confidential consultation with a qualified attorney.

Representation

Modern technology and recent advances in medical technology may have decreased the chance of complications occurring during pregnancy and childbirth, but they are not completely eliminated. When a birth defect or injury occurs, and the cause is preventable, parents may pursue legal action to cover costs associated with treatment.

Medical negligence claims are typically based on a doctor's failure diagnose or treat a disease. For instance, a doctor may fail to conduct an ultrasound screening or make a mistake during surgery, which could result in a birth defect similar to spina bifida. Other common causes of a birth defect lawsuit include insufficient medication for the mother or exposure to chemicals or other environmental hazards as the baby is developing in the womb.

A birth defect lawsuits defect can affect any part of a newborn's body, and affect their health, functioning and appearance. In some cases, a birth defect can significantly diminish a baby's life expectancy, or cause an enormous amount of medical costs.

If you believe the birth defect or injury was caused by negligence or medical malpractice during pregnancy or labor, contact a qualified birth defect lawyer today. A lawyer can explain your options and help file a claim prior to the statute of limitation expiring. A lawyer might also be in a position to negotiate a settlement on behalf of you with the responsible parties for the injuries your infant sustained.