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Birth Defect Claim Strategies From The Top In The Business
How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have significantly reduced the risks associated with the birth of a child. Birth defects or injuries still occur frequently.

A birth defect lawsuit seeks to pay your child's medical expenses, education costs and other losses. To be able to pursue a claim, you must prove that a medical professional violated the standard of medical care prior to or during pregnancy, or during the delivery.

Damages

Pregnancy can be one of the most exciting, yet nerve-wracking experiences in a parent's lifetime. Parents want their babies to be perfect, and doctors strive to do everything possible to prevent birth defects from occurring. Inattention to medical issues and negligence can increase the risk for birth defects and injuries. A family that is shocked by this news should think about seeking legal action for a birth defect.

A successful birth defect lawsuit can result in damages for many different things. This can include pain and suffering for the victim along with loss of consortium and medical costs, as well as lost earning capacity. The amount of damages a victim will receive will depend on the severity of their child's illness and the extent that it has affected in their quality of life.

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

If you believe that your child's birth defect or injury was caused by medical malpractice, you should speak with a skilled birth defect lawyer as soon as you can. In some states, there's only one year to file a medical negligence suit, and waiting longer than that can mean losing your chance of getting the justice you need for your child's injuries.

Statute of Limitations

A statute of limitation is a law which establishes the deadline for filing an action in civil court. If a claimant fails to file by the deadline, they will lose their right to recover damages from the defendant. Birth injury cases have more complex statutes of limitations than other types of medical malpractice claims.


A lawsuit is typically brought against the hospital or doctor that caused an injury to patients during labor or delivery. These cases can be referred to birthing injury suits or wrongful birth lawsuits however Florida's laws permit parents to file a malpractice suit in the event of the death of a baby.

In a medical malpractice lawsuit, the injured party must prove the at-fault doctor failed to adhere to the standard of care and consideration another medical professional would have applied in similar circumstances. This includes failing to recognize a serious condition, such as low levels of oxygen during childbirth that can cause cerebral palsy or brain damage.

The first step to file a birth defect lawsuit is to reach an experienced attorney. The majority of lawyers offer free consultations and case reviews for prospective clients. If birth defect lawyer chesapeake believes that the claim of a client is legitimate they will examine the medical documents of the client and employ experts to assess the records. They can also assist in the preparation of documents and filing the medical malpractice lawsuit within time.

Expert Witnesses

In a case involving birth injuries it is essential to have experts who can explain medical practices and procedures before a jury. Expert witnesses aren't easy to work with as they must carefully examine massive quantities of information and make decisions based on evidence rather than their opinions. They should also be able to testify about facts that could contradict their opinion.

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

The Daubert ruling was a setback for plaintiffs, who had suing pharmaceutical companies in order to obtain justice. Nonetheless, there are still many avenues for an injured person can pursue a lawsuit for birth defects.

A Philadelphia birth defect lawyer can assist those suffering from birth defects to determine whether they're eligible for a claim. Lawyers can assist victims determine if they're qualified to file a personal lawsuit or a class action. In some instances, an attorney can file a lawsuit for birth injury as part of a multidistrict lawsuit. To start complete the form on this page to request a the opportunity to have a no-cost and confidential consultation with a reputable attorney.

Representation

Although the latest technology and advancements in the medical field have greatly reduced the risk of complications during pregnancy and childbirth but they aren't completely eliminated. Parents can seek legal action if they suffer a birth defect or birth injury occurs, and the cause could have been avoided.

Medical negligence claims tend to be result from a doctor's inability diagnose or treat a disease. For instance, a physician might fail to conduct an ultrasound test or make mistakes during surgery, which could result in a birth defect such as spina bifida. Other common causes of 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 baby and impact their health, function and appearance. In certain cases, birth defects can reduce the lifespan of a baby or result in significant medical costs.

Contact a birth defect lawyer now if you believe the birth defect or birth injury was caused by medical negligence or malpractice during pregnancy or labor. A lawyer can explain your options and assist you make a claim prior the time limit expiring. A lawyer might also be capable of negotiating a settlement on your behalf with the parties responsible for your infant's injury.

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