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What Can A Weekly Birth Defect Claim Project Can Change Your Life
How to File a Birth Defect Lawsuit

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

A birth defect lawsuit seeks compensation for medical expenses of your child education costs, as well as other expenses. You must prove that the medical professional who was involved did not follow the standard of treatment prior to or during the birth or delivery.

Damages

Pregnancy is among the most exciting and stressful moments in the life of a mother. Parents want their babies to be perfect and doctors do everything to avoid birth defects. Medical negligence and carelessness can increase the risk for birth defects and injuries. When this happens an astonished family might want to pursue justice via a birth defect lawsuit.

A successful birth defect lawsuit can result in damages for many different things. These include a victim's pain and suffering and loss of consortium medical expenses and lost earning capacity. The amount of damages that the victim will be awarded is contingent on the severity of the child's medical condition, and how much it has affected their standard 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 pesticides such as fungicides and lead and heavy metals, paints, and heavy metals, may increase the risk of birth defects. Birth defect lawyers have filed lawsuits against companies who exposed workers to harmful chemicals as well as pharmaceutical companies that make drugs like DES that may cause birth defects in fetuses.

If you suspect that medical malpractice caused the birth injury of your child or birth defect, you should seek out a birth defect lawyer immediately. In certain states, you have only one year to file a medical malpractice lawsuit, and waiting more than that may mean losing your chance to obtain the justice you need for your child's injuries.

Statute of Limitations

A statute of limitations is a law that defines the deadline for someone to file an action in civil court. If a person fails to meet a deadline loses the right to seek damages from a defendant. Birth injury cases can have more complicated 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 the patient during labor and birth. These cases are commonly referred to as birthing injury lawsuits or wrongful birth suits though Florida's laws allow parents to bring a medical malpractice lawsuit for the death of an infant.

To prove medical negligence, the person who was injured must prove that the doctor who was at fault was not able to meet the standards of care and consideration required by a different health healthcare provider in similar circumstances. This includes not being able to identify an illness of serious severity such as low levels of oxygen during childbirth which can cause brain damage and cerebral palsy.

Contacting a reputable attorney is the first step to filing a lawsuit against birth defects. A majority of attorneys offer free consultations to prospective clients. If an attorney believes that the client's claim is legitimate, they will review the medical documents of the client and employ experts to analyze them. They can also assist in the preparation of documents and file the medical malpractice suit within time.

Expert Witnesses

In a case with birth injuries, it is essential to have medical experts who are able to explain to jurors the medical practices and procedures. Expert witnesses aren't easy to work with since they must carefully examine massive amounts of information and be able to make decisions based on evidence rather than their opinions. In addition, they must be prepared to testify about information that might contradict their beliefs.

In the Daubert Case, the plaintiffs' expert suggested that Bendectin is the reason for their child's birth defect. birth defect law firm scranton concluded that the evidence was "at the cutting-edge of scientific research, where science meets theories and certainty transforms 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 that had filed lawsuits against pharmaceutical companies in seeking justice. But there are many avenues for an injured party may pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer can help victims on whether they have an opportunity to file a claim. Lawyers can determine if the plaintiff is able to file a lawsuit on their own or as part of an action class. In some cases lawyers can make a claim for birth injuries as part of multidistrict litigation. Complete the form below to receive a confidential and free consultation with an attorney.

Representation

Although the advancements in technology and advances in the field of medicine have greatly reduced the risk of complications during pregnancy and childbirth however, they are not completely eliminated. Parents can pursue legal action if they suffer a birth injury or defect occurs, and the reason could have been prevented.


Medical negligence cases typically result from a doctor's inability to diagnose or treat a condition. A doctor might not perform an ultrasound or make a mistake in surgery, resulting in birth defects like spina bifida. Other common causes of a birth defect lawsuit are improper medication for the mother or exposure to chemicals or other environmental hazards as the baby develops in the womb.

A birth defect can affect any part of the body of a newborn that can affect their appearance, health, and functionality. In some instances birth defects can shorten the life expectancy of a newborn or lead to major medical expenses.

If you suspect your child's birth defect or injury was the result of medical malpractice or negligent care during pregnancy or labor, contact a qualified birth defect lawyer today. A lawyer can help explain your options and help you submit a claim prior to the deadline for filing. A lawyer may also be in a position to negotiate the settlement on behalf of you with the parties responsible for the injury to your child.

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