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The History Of Birth Defect Claim In 10 Milestones
How to File a Birth Defect Lawsuit

Modern medical and technological advances have significantly decreased the risks of childbirth. However, birth defects or injury still happens frequently.

A birth defect lawsuit seeks to pay your child's medical expenses, education costs, and other losses. To pursue such an action, you must establish that medical professionals violated the standard of care prior to or during pregnancy, or during the delivery.

Damages

Pregnancy can be one of the most exciting, yet nerve-wracking times in a parent's lifetime. Parents want their children to be perfect and doctors do everything they can to avoid birth defects. However, carelessness and negligence on the part of medical practitioners can increase the risk of birth injuries and birth defects. A family that is shocked by this situation should consider suing for a birth defect.

A successful birth defect lawsuit can result in damages for a multitude of different things. This includes the victim's pain and suffering and loss of consortium, medical expenses and lost earning capacity. The amount of the damages a victim is awarded will depend on the severity of their child's medical condition and the extent to which it has interfered with their life quality.

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

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 quickly as possible. In certain states, there's only one year to file a medical negligence lawsuit, and waiting more than that can mean losing your chance of getting the justice you have earned for your child's injury.

Statute of Limitations

A statute of limitations is a law that establishes the time frame for which a person has to file a civil suit. If someone misses the deadline, they lose their right to seek damages from a defendant. Birth injury claims can have a more complicated time limit than other medical malpractice claims.

A lawsuit is usually filed against the hospital or doctor that caused an injury to patients during labor or birth. These cases are often called birthing injury lawsuits or wrongful birth suits although Florida's laws allow parents to file a medical malpractice suit in the event of a baby's death.

In a medical malpractice lawsuit the plaintiff must prove the at-fault doctor did not follow the expected level of care and consideration another medical professional would have utilized in similar circumstances. This includes failing diagnose a serious illness, such as low levels of oxygen during childbirth that can cause cerebral palsy and brain damage.

The first step in filing a birth defect lawsuit is to speak with a skilled attorney. The majority of lawyers offer free consultations and case reviews for potential clients. If an attorney believes that the client's claim is legitimate they will look over the medical records of the client and hire experts to assess the evidence. They can also assist in the preparation of documents and filing the medical malpractice suit within time.

Expert Witnesses

In a case involving a birth injury it is crucial to have experts who can explain medical procedures and practices to jurors. Expert witnesses can be difficult because they must carefully examine a vast amount of data to be able make decisions based on facts, not opinions. Additionally, they must be prepared to testify about things that may contradict their positions.

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

The Daubert decision was a setback to plaintiffs who had filed a lawsuit against pharmaceutical companies an effort to obtain justice. However, there are many ways that an injured person can pursue a birth defect lawsuit.


A Philadelphia birth defect lawyer can help victims about whether they are eligible for an opportunity to file a claim. A lawyer can help victims determine if they're eligible to file a lawsuit on their own or a class action. In some cases an attorney may be able to start a lawsuit for birth injuries 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 professional lawyer.

Representation

Although the advancements in technology and advances in medicine have drastically reduced the chance of complications during childbirth and pregnancy but they aren't completely eliminated. Parents may pursue legal action if a birth injury or defect occurs, and the cause could have been avoided.

Medical negligence claims typically result from a doctor's inability to recognize or treat a condition. For instance, a doctor may not perform an ultrasound test or make an error during surgery, resulting in a birth defect like spina bifida. Other causes for birth defect lawsuits include inadequate medication for the mother or exposure to chemicals or other environmental dangers while the baby is growing in the womb.

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

Contact an attorney for birth defects today if you suspect that the birth injury or defect was the result of medical negligence or malpractice during pregnancy or labor. A lawyer can assist you determine your options and submit a claim before the statute of limitations runs out. A lawyer can also negotiate a settlement with the parties accountable for the injuries suffered by your child.

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