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How to File a Birth Defect Lawsuit
Modern medical and technological advances have significantly reduced the risks of childbirth. Birth defects or injuries continue to occur frequently.
A birth defect lawsuits defect lawsuit seeks to compensate your child for medical expenses, education costs and other losses. You must prove that the medical professional who was involved breached the standard of treatment during or prior to the birth or during pregnancy.
Damages
Pregnancy can be one of the most exciting but nerve-wracking moments in the life of a parent. Parents want their children to be perfect, and doctors work to do everything they can to prevent birth defects from happening. Unfortunately, negligence and carelessness on the part of medical practitioners can increase the chance of birth defects and Birth Defect Law Firms injuries. In the event of this happening families that are shocked should consider seeking justice through a birth defect lawsuit.
A successful birth defect lawsuit can result in damages for a number of different things. This includes suffering for the victim as well as loss of consortium, medical costs, as well as loss of earning capacity. The amount of damages the victim will be awarded is contingent on the severity of the child's medical condition and how much it has affected their quality of living.
Environmental exposures can cause birth defects and birth injuries. Studies have revealed that pesticides such as fungicides and lead, as well paints, heavy metals and heavy metals can increase the risk of birth defects. Birth defect lawyers have filed lawsuits against companies that exposed their workers to harmful chemicals as well as pharmaceutical companies that manufacture drugs such as DES that can cause birth deformities in fetuses.
If you suspect that medical error caused the birth injury or birth defect, you must consult a birth defect lawsuits defect lawyer immediately. In certain states, there's only one year to file a medical malpractice suit, and waiting longer than that can mean losing your chance to get the justice you need for your child's injuries.
Statute of limitations
A statute of limitations is a law that defines how long a person has to file a civil lawsuit. Anyone who fails to meet a deadline will lose the right to claim damages against a defendant. Birth injury claims may be more complex in terms of the time limit than other medical malpractice claims.
A lawsuit is typically filed against the hospital or doctor that caused injuries to a patient during labor and delivery. These types of cases are typically referred to as birthing injury lawsuits or wrongful birth suits, however, Florida's laws permit parents to make a claim for medical malpractice for the death of an infant.
In a medical malpractice lawsuit, the injured party must prove the at-fault doctor failed to adhere to the expected level of care and consideration another medical professional would have applied in similar circumstances. This includes failing to diagnose a serious condition, such as low levels of oxygen in the childbirth process which can cause cerebral palsy and brain damage.
The first step to file a birth defect lawsuit is to speak with an experienced attorney. A majority of attorneys offer free consultations to prospective clients. If the lawyer believes that a client has a valid case, they will review medical records and engage expert witnesses to assess their credibility. They can also assist in the preparation of documents and filing the medical malpractice lawsuit on time.
Expert Witnesses
In a case that involves birth injuries, it is crucial to have medical experts that can explain to a jury the medical procedures and practices. Expert witnesses can be difficult as they have to scrutinize an extensive amount of information in order to make a decision in accordance with facts rather than opinions. They should also be able to provide evidence on matters that might contradict their beliefs.
In the Daubert Case the plaintiffs' expert claimed that Bendectin caused the birth defect of their child. The judge concluded that the evidence was "at the cutting-edge of scientific research, where evidence meets theories and certainty transforms into probabilities." However the judge did not believe there was enough proof that Bendectin caused birth defects.
The Daubert decision was a setback to plaintiffs who had sued pharmaceutical companies in seeking justice. There are a variety of avenues an injured person can seek a legal action over the birth defect.
A Philadelphia birth defect lawyer will assist the victims to determine if they have a case. Lawyers can assist clients determine if they're qualified to file a lawsuit as an individual or a class action. In certain cases lawyers can start a lawsuit for birth injuries as part of a multidistrict litigation (MDL). To begin complete the form below for a a free and confidential consultation with a qualified lawyer.
Representation
Modern technology and recent advancements in medicine may have decreased the risk of complications that can occur during pregnancy and childbirth but they're still not completely eliminated. If a birth defect injury occurs and the cause could have been avoided, parents may pursue legal action to cover the costs related to treatment.
Medical negligence claims are usually result from a doctor's inability diagnose or treat a disease. A doctor might fail to perform an ultrasound or make a mistake in surgery, resulting in birth defects like spina bifida. Other causes for a birth defect lawsuit comprise insufficient medication for the mother or exposure to chemicals or other environmental dangers while the baby is developing in the womb.
A Birth Defect Law Firms defect may affect any part of the newborn's body and affect their appearance, health and function. In some cases, birth defects can reduce the life span of a child or trigger significant medical expenses.
If you believe your child's birth defect or injury was the result of medical malpractice or negligent care during pregnancy or labor get in touch with a reputable birth defect lawyer today. A lawyer can help explain your options and assist you file a claim prior to the statute of limitation expiring. A lawyer can also negotiate an agreement with the parties responsible for the injury of your child.
