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10 Birth Defect Claim That Are Unexpected
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 still occurs frequently.

A birth defect lawsuit seeks to pay your child's medical expenses, educational costs and other damages. You must prove that the medical professional in question breached the standard of care prior to or during pregnancy or delivery.

Damages

Pregnancy is among the most exciting and nerve-wracking moments in the life of a mother. Parents want their babies perfect, and doctors do their best to avoid birth defects. Unfortunately, negligence and carelessness on the part of medical professionals can increase the chance of birth injuries and birth defects. Families who are shocked by this incident should think about taking legal action to remedy a birth defect.

A successful birth defect lawsuit can result in damages for many different things. This includes pain and suffering for the victim as well as loss of consortium and medical expenses, not to mention lost earning capacity. The amount of compensation a victim will receive depends on the severity of the child's medical condition, and how much it has affected their quality of life.

Birth injuries and birth defects can be caused by a variety of causes that include exposure to environmental factors. Studies have proven that certain chemicals like fungicides, pesticides, lead, paints, and heavy metals can increase the risk of birth defects. Birth defect lawyers have brought suits against companies that exposed workers to hazardous chemicals, as well as against pharmaceutical companies who have manufactured drugs that could cause birth defects in fetuses such as DES.

If you suspect that your child's birth defect or birth injury is the result of medical malpractice, it is important to consult a reputable birth defect lawyer as soon as possible. In some states, there's only one year to file a medical malpractice suit, and waiting any longer than that could result in losing the chance to receive the justice you have earned for your child's injury.

Statute of Limitations

A statute of limitation is a law that defines the deadline for filing an action in civil court. A person who misses a deadline will lose the right to seek damages from a defendant. Birth injury cases could have more complex statutes of limitations than other types of medical malpractice claims.

A lawsuit is typically filed against the doctor or hospital that caused a patient's injuries during labor and birth. These cases are often called birthing injury suits or wrongful birth lawsuits however, Florida's laws allow parents to file a malpractice suit for the death of a baby.

To prove medical malpractice, the party who suffered must prove that the doctor who was at fault didn't adhere to the standard of care or consideration expected by another health healthcare provider in similar situations. This could include failing to recognize a serious illness, such as low levels of oxygen in the childbirth process that can cause cerebral palsy and brain damage.

The first step to file a birth defect lawsuit is to contact an experienced attorney. A majority of attorneys offer free consultations to 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 review the evidence. They will also assist with the preparation of documents and file the medical malpractice lawsuit on time.

Expert Witnesses

In cases with birth injuries, it is vital to have medical experts who are able to explain to jurors the medical procedures and practices. Expert witnesses can be difficult because they have to carefully review a large amount of information in order to make a decision based on facts, not opinion. Additionally, they must be willing to testify on facts that could contradict their beliefs.


In the Daubert case, the plaintiffs' experts argued that Bendectin was the cause of their child's birth defects. The judge concluded that the evidence was at the "cutting edge of research in science, where reality meets theory and the certainty transforms into probability." However the judge did believe there was enough proof 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 get justice. Nonetheless, there are still many avenues for an injured party may pursue a lawsuit for birth defects.

A Philadelphia birth defect lawyer can assist those suffering from birth defects to determine whether they have a case. A lawyer can determine whether the plaintiff is able to file a suit on their own or as part of a class action. In certain situations lawyers can make a birth injury claim as part of multidistrict litigation (MDL). To get started, fill out the form here for an initial consultation for free and confidential with a qualified attorney.

birth defect lawsuit indiana and recent advances in the medical field may have decreased the chance of complications occurring during pregnancy and childbirth, however they are not completely eliminated. Parents can pursue legal action if they suffer a birth defect or birth injury occurs, and the cause could have been avoided.

Medical negligence claims are typically due to a doctor's failure to diagnose or treat an illness. For example, a physician may not perform an ultrasound test or make mistakes during surgery, resulting in a birth defect, such as spina bifida. Birth defects can 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 can affect any part of the body of a baby and impact their health, function and appearance. In some cases, a birth defect can significantly diminish a baby's life expectancy, or cause an enormous amount of medical costs.

Contact an attorney for birth defects today if you suspect that your child's birth defect or injury was caused by medical negligence or carelessness during labor or birth. A lawyer can assist you determine your options and make a claim before the deadline for filing a claim expires. A lawyer may also be competent to negotiate an agreement on your behalf with the parties accountable for your infant's injury.

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