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Ten Ways To Build Your Birth Defect Claim Empire
How to File a Birth Defect Lawsuit

Modern technology and advances in medicine have greatly reduced the risk of the birth of a child. However, birth defects or injury is still a common occurrence.

A birth defect lawsuit seeks to pay your child's medical expenses, educational costs as well as other losses. You must prove that the medical professional who was involved did not follow the standard of treatment during or prior to pregnancy or delivery.

Damages

Pregnancy can be one of the most exciting, but nerve-wracking moments during the lifetime of a parent. Parents want their children to be perfect, and doctors attempt to do their best to stop birth defects from occurring. Medical negligence and carelessness can increase the risk for birth defects and injuries. When this happens, a stunned family may want to seek justice through a birth defect lawsuit.

A successful birth defect suit can result in damages for a variety of different things. This can include the pain and suffering as well as loss of consortium, medical expenses, and loss of earning capacity. The amount of compensation the victim will receive is contingent on the severity of the child's illness, and how much it has affected their standard of life.

Environmental exposures can lead to birth defects and birth injuries. Research has shown that certain chemicals such as pesticides, fungicides, lead, paints and heavy metals can increase the likelihood of birth defects. Birth defect lawyers have filed suits against businesses that have exposed workers to hazardous chemicals, as well as against pharmaceutical companies that have developed products that cause birth defects in fetuses, such as DES.

If you suspect that medical malpractice caused your child's birth injury or birth defect, you must consult a birth defect lawyer immediately. In certain states, there is only one year to file a medical negligence suit, and if you wait longer than that could result in losing your chance of getting the justice you need for your child's injuries.

Statute of Limitations

A statute of limitations is a law that defines the time limit for someone to file an action in civil court. Anyone who fails to meet a deadline will lose the right to sue a defendant for damages. Birth injury cases have more complicated statutes of limitations than other types of medical malpractice claims.

A lawsuit is typically filed against the hospital or doctor that caused an injury to the patient during labor and birth. These types of cases are typically known as birthing injury 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 that the doctor at fault failed to adhere to the standards of care and consideration any other medical professional would have applied in similar circumstances. This could include failing to recognize a serious illness, such as low levels of oxygen in the childbirth process which could lead to cerebral palsy and brain damage.

Finding a reputable attorney is the first step to file a lawsuit against birth defects. A majority of attorneys offer free consultations for potential clients. If birth defect lawyer albany is convinced that a client's claim is valid they will go over the medical records of the client and hire experts to assess the records. They can also assist in the preparation of documents and file the medical malpractice lawsuit in time.

Expert Witnesses

In a case that involves birth injuries, it is essential to have medical experts that can explain to jurors the medical practices and procedures. Expert witnesses can be difficult to testify because they must scrutinize the vast amount of information to make decisions that are based on evidence rather than opinions. In addition, they must be able to testify regarding information that might contradict their beliefs.


In the Daubert Case, the plaintiffs' expert believed that Bendectin caused their child's birth defect. The judge ruled that the evidence was on the "cutting edge of research in science, where reality meets theory and the certainty transforms 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 plaintiffs, who had sued pharmaceutical companies in order to win justice. Nonetheless, there are still numerous avenues that an injured person can pursue a lawsuit for birth defects.

A Philadelphia birth defect lawyer can provide victims with advice on whether they're eligible for an opportunity to file a claim. A lawyer can assist victims determine if they're qualified to file a lawsuit on their own or a class action. In some cases attorneys can make a claim for birth injury as part of an interdistrict litigation. To get started complete the form on this page to request a an initial consultation for free and confidential with a reputable attorney.

Representation

Although the latest technology and advances in medicine have significantly reduced the risk of complications during pregnancy and childbirth However, they aren't eliminated. If a birth defect or injury occurs and the cause was preventable parents may seek legal action to pay for the costs related to treatment.

Medical negligence claims usually stem from a doctor's failure to properly diagnose or treat a problem. Physicians may fail to conduct an ultrasound or make a mistake in surgery, leading to birth defects such as spina bifida. Other causes for a birth defect lawsuit comprise insufficient medication for the mother or exposure to chemicals or other environmental hazards while the baby is growing in the womb.

A birth defect can affect any part of the body of a baby and affect their health, function and appearance. In some instances the birth defect can severely reduce a baby's life expectancy or lead to an enormous amount of medical expenses.

If you believe your child's birth defect or injury is the result of negligence or medical malpractice during labor or pregnancy, contact a qualified birth defect lawyer today. A lawyer can assist you understand your options and file a claim before the statute of limitations runs out. A lawyer can also negotiate a settlement with the parties responsible for the injury suffered by your child.

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