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How to File a Birth Defect Lawsuit
Modern technology and advances in medicine have greatly reduced the risks associated with birth. But, a birth defect or injury can still happen frequently.
A birth defect lawsuit seeks reimbursement for medical expenses of your child education costs, as well as other expenses. You must prove that the medical professional involved did not follow the standard of care prior to or during the pregnancy or birth.
Damages
Pregnancy can be one of the most exciting yet nerve-wracking events in a parent's lifetime. Parents want their children to be perfect, and doctors do everything possible to avoid birth defects. Inattention to medical issues and negligence can increase the risk for birth defects and injuries. A family who is shocked by this incident should think about suing for a birth defect.
A successful birth defect lawsuit can result in damages for a multitude of different things. These include a victim's suffering 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 illness and how it has affected their standard of life.
Birth injuries and birth defects can be caused by a variety of causes that include environmental exposures. Studies have revealed that pesticides, such as lead and fungicides and heavy metals, paints, and heavy metals, may increase the risk of birth defects. Birth defect lawyers have filed lawsuits against companies that exposed employees to harmful chemicals and pharmaceutical companies that produce drugs such as DES that could cause birth defects in fetuses.
If you believe that your child's birth defect or birth injury was the result of medical malpractice, you should seek out a skilled birth defect lawyer as soon as possible. In certain states, you only have one year to file a lawsuit claiming medical malpractice. If you wait longer it could mean that your child will not receive the justice they deserve.
Statute of Limitations
A statute of limitations is a law which defines the deadline for when a person is allowed to file a civil claim. If a person misses the deadline, they will lose their right to seek damages from a defendant. Birth injury cases can have a more complicated statute of limitations than other medical malpractice claims.
A lawsuit is typically filed against the hospital or doctor that caused a patient's injuries during labor and delivery. 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 negligence, the person who was injured must prove that the doctor responsible didn't adhere to the level of care and consideration required by a different health healthcare provider in similar circumstances. This could include failing to recognize an illness that is serious, for example, 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 contact a skilled attorney. A majority of attorneys offer free consultations and case reviews to prospective clients. If the attorney believes a client has a valid case, they will look over medical records and employ experts to evaluate the evidence. They can also assist in the preparation of documents and filing the medical malpractice lawsuit in time.
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In the case of a birth injury, it is important to have experts who can explain medical practices and procedures to a jury. Expert witnesses can be difficult to work with as they must carefully examine massive amounts of information and be able to make decisions based upon facts rather than opinions. Furthermore, they should be willing to testify about things that may contradict their opinions.
In the Daubert case, the plaintiffs' experts argued that Bendectin was the cause of birth defects in their child. The judge ruled that the evidence was on the "cutting edge of research in science, where fact meets theory and the certainty transforms into probabilities." However the judge did believe there was enough evidence that Bendectin doubled a baby's chance of developing birth defects.
The Daubert ruling was a setback for plaintiffs, who had filed a lawsuit against pharmaceutical companies to get justice. Nonetheless, there are still many ways that an injured person could pursue a birth defect lawsuit.
A Philadelphia birth defect attorney can assist victims in determining if they have a case. A lawyer can help plaintiffs determine whether they are eligible to file a personal lawsuit or a class action. In some cases attorneys can file a lawsuit for birth injury as part of a multidistrict lawsuit. Fill out the form below for a confidential and free consultation with an attorney.
Representation
Modern technology and recent advances in the field of medicine could have decreased the chance of complications arising during childbirth and pregnancy, but they are not completely eliminated. Parents may pursue legal action if a birth injury or defect occurs, and the reason could have been prevented.
Medical negligence claims are typically due to a doctor's failure to diagnose or treat a disease. A doctor may fail to perform an ultrasound or make a mistake in surgery, leading to birth defects such as spina bifida. Birth defects can also be caused by improper medication taken by the mother or exposure to chemicals or other environmental dangers during the child's development during the womb.
A birth defect can affect any part of a newborn's body. It can affect their health, performance and appearance. In some instances birth defects can severely reduce a baby's lifespan or result in an enormous amount of medical expenses.
If you suspect your child's birth defect or injury was due to negligence or medical malpractice during labor or pregnancy, contact a qualified birth defect lawyer today. A lawyer can explain your options and help you file a claim prior to the statute of limitation expiring. A lawyer may also be competent to negotiate an agreement on your behalf with the parties responsible for your child's injuries.