How to File a Birth Defect Lawsuit

Modern medicine and technology have greatly decreased the risks of childbirth. Birth defects or injuries continue to occur frequently.

A birth defect lawsuit seeks to recover for medical expenses of your child as well as educational costs and other losses. You must prove that the medical professional involved breached the standard of care during or before the birth or delivery.

Damages

Pregnancy is one of the most exciting and nerve-wracking moments in the life of a mother. Parents want their babies to be perfect and doctors do everything possible to avoid birth defects. Inattention to medical issues and negligence can increase the risk for birth defects and injuries. Families who are shocked by this incident should think about suing for a birth defect.

A successful birth defect lawsuit may result in damages for a number of different things. This includes suffering for the victim as well as loss of consortium and medical expenses, as well as loss of earning capacity. The amount of damages a person suffers will depend on the degree of their child's health and the extent to which it has affected with their daily life.

Environmental exposures can result in birth injuries and birth defects. Studies have shown that certain chemicals, like fungicides, pesticides and lead, as well paints and heavy metals may increase the chances of birth defects. Birth defect lawyers have filed suits against businesses that have exposed workers to these toxic chemicals, as well against pharmaceutical companies who have manufactured drugs that can cause birth defects in fetuses, like DES.

If you suspect medical malpractice caused your child's birth injury or birth defect, you must consult a birth defect lawyer immediately. In certain states, you have only one year to file a lawsuit against medical malpractice. If you wait longer, it could mean that your child will never get the justice they deserve.

Statute of limitations

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

A lawsuit is usually brought against the doctor or hospital that caused an injury to patients during labor or birth. These cases are sometimes referred to birthing injury lawsuits or wrongful birth defect attorney lawsuits however Florida's laws allow parents to file a malpractice lawsuit in the event of the death of an infant.

In a case of medical malpractice the victim must prove the at-fault doctor was not adhering to the standards of care and consideration another medical professional would have utilized in similar circumstances. This includes failing to recognize a serious illness, such as low oxygen levels in childbirth that can cause cerebral palsy and brain damage.

Finding 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 claim of a client is valid they will examine the medical records of the client and employ experts to evaluate them. They can also assist in the preparation of documents and file the medical malpractice lawsuit within the timeframe.

Expert Witnesses

In a birth injury case it is essential to have experts who can explain medical practices and procedures before a jury. Expert witnesses aren't easy to work with because they have to carefully review huge amounts of evidence and make decisions based upon facts rather than opinions. They should also be able to testify on facts which may contradict their opinions.

In the Daubert Case the plaintiffs' expert claimed that Bendectin caused the birth defect in their child. The judge ruled that the evidence was "at the forefront of research in science where fact meets theories and certainty transforms into probabilities." However, he did not believe there was sufficient evidence to prove that Bendectin caused birth defects.

The Daubert ruling was a setback to the plaintiffs, who had sued pharmaceutical companies to achieve justice. There are a variety of avenues for a person who has suffered injury to file a lawsuit for a birth defect.

A Philadelphia birth defect lawyer can advise victims about whether they have claims. Lawyers can assist victims determine if they're eligible to file a personal lawsuit or a class action. In certain cases lawyers may be able to bring a birth injury lawsuit in the context of multidistrict litigation (MDL). To begin, fill out the form here for an initial consultation for free and confidential with a qualified attorney.

Representation

Although modern technology and recent advances in medicine have greatly reduced the risk of complications during childbirth and pregnancy however, they are not completely eliminated. If a birth defect injury occurs and the cause is preventable, parents can pursue legal action to pay for the costs related to treatment.

Medical negligence claims typically result from a doctor's inability to properly diagnose or treat a condition. A physician may fail to diagnose an ultrasound or make a mistake during surgery, leading to birth defects such as spina bifida. birth defect attorney defects can also be caused by improper medication taken by the mother or exposure to chemicals and other environmental dangers during the child's development in the womb.

A birth defect may affect any part of the newborn's body that can affect their health, appearance and function. In some cases birth defects can shorten the life span of a child or trigger substantial medical expenses.

Contact a birth defect lawyer today if you believe that your child's birth defect or injury was caused by medical negligence or negligence during labor or pregnancy. A lawyer can assist you to understand your options and file a claim before the time limit expires. A lawyer can also negotiate an agreement with the parties accountable for the harm to your infant.

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