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Ten Things Everybody Is Uncertain About Birth Defect Claim
How to File a Birth Defect Lawsuit

Modern technology and advancements in medicine have dramatically reduced the risk of childbirth. But, a birth defect or injury still happens frequently.

A birth defect lawsuit seeks compensation for medical expenses of your child or educational costs, among other expenses. To pursue such a claim, you must demonstrate that medical professionals violated the standard of medical care prior to or during 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 babies to be perfect, and doctors do everything to avoid birth defects. However, carelessness and negligence on the part of medical practitioners can increase the chance of birth defects and injuries. Families who are shocked by this incident should think about suing for a birth defect.

A successful birth defect suit could result in damages for a variety of different things. This includes suffering and pain for the victim as well as loss of consortium and medical expenses, not to mention loss of earning capacity. The amount of damages the victim will receive is contingent on the severity of the child's medical condition and how it has affected their standard of life.

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

If you suspect that medical malpractice caused your child's birth injury or birth defect, consult a lawyer for birth defects immediately. In certain states, there is only one year to file a medical negligence lawsuit, and waiting more than that can mean losing the chance to receive the justice you deserve for your child's injury.

birth defect lawyer indiana of limitations

A statute of limitations is a law which defines the deadline for when a person is allowed to file a civil suit. If a person fails to meet the deadline will lose the right to sue a defendant for damages. Birth injury claims can have a more complicated statute of limitations than other medical malpractice claims.

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

In a medical malpractice case, the injured party must prove the at-fault doctor did not adhere to the standards of care and consideration that other health care providers would have utilized in similar circumstances. This includes failing to diagnose a serious illness for example, low oxygen levels during childbirth 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 and case review to potential clients. If an attorney is convinced that the claim of a client is legitimate they will look over the medical documents of the client and hire experts to evaluate the records. They will also help prepare documents and file the medical malpractice lawsuit in time.


Expert Witnesses

In a birth injury case, it is important to have experts who can explain medical procedures and practices to jurors. Expert witnesses can be difficult to testify because they have to scrutinize an extensive amount of information to make decisions based on fact rather than opinions. They should also be able to testify about facts which may contradict their opinion.

In the Daubert Case the plaintiffs' expert suggested that Bendectin was the cause of their child's birth defect. The judge ruled that the evidence was "at the cutting-edge of scientific research, where science meets theories and certainty dissolves into probabilities." However the judge was not convinced there was enough evidence that Bendectin caused birth defects.

The Daubert decision was a blow to plaintiffs who had filed lawsuits against pharmaceutical companies in seeking justice. There are many ways an injured person can bring a lawsuit based on a birth defect.

A Philadelphia birth defect lawyer can assist victims on whether they're eligible for a claim. Lawyers can assist victims determine if they're eligible to file a lawsuit as an individual or a class action. In certain cases lawyers may be able to make a birth injury claim in the context of multidistrict litigation (MDL). To begin complete the form on this page to request a an unreserved and confidential consultation with a qualified attorney.

Representation

Although modern technology and recent advances in medicine have drastically reduced the chance of complications during pregnancy and childbirth, they are not entirely eliminated. When 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 cases typically result from a doctor's inability to identify or treat a problem. Physicians may fail to diagnose an ultrasound or make a mistake in surgery, leading to birth defects, such as spina bifida. Other common causes of a birth defect lawsuit include improper 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 newborn's body, affecting their health, appearance and performance. In certain cases birth defects can decrease the lifespan of a baby or result in significant medical expenses.

If you believe the birth defect or injury was due to medical malpractice or negligent care during labor or birth consult a certified birth defect attorney today. A lawyer can assist you in understanding your options and help make a claim before the deadline for filing. A lawyer may also be in a position to negotiate settlements on your behalf with the responsible parties for your child's injuries.

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