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How to File a Birth Defect Lawsuit
Modern technology and medicine have dramatically reduced the risk of childbirth. Birth defects or injuries occur frequently.
A birth defect lawsuit seeks to recover for your child's medical expenses or educational costs, among other losses. To pursue such an action, you must establish that a medical professional violated the standard of medical care prior to or during pregnancy or the birth of your child.
Damages
Pregnancy is among the most exciting and nerve-wracking moments in the life of a mother. Parents want their babies to be perfect, and doctors try to do everything they can to prevent birth defects from happening. Medical negligence and inattention can increase the risk for birth defects and injuries. If this happens the family of the victim might want to pursue justice via a birth defect lawsuit.
A successful birth defect suit can result in damages for a variety of different things. This includes suffering for the victim, loss of consortium and medical expenses, in addition to loss of earning capacity. The amount of compensation the victim will be awarded is contingent on the severity of the child's condition and how much it has affected their standard of living.
Birth defects and birth injuries can be caused by a number of causes which include environmental exposures. Studies have revealed that pesticides, such as lead and fungicides as well as heavy metals, paints, and heavy metals, may increase the risk of birth defects. Birth defect lawyers have brought suits against businesses that have exposed workers to these harmful chemicals, and against pharmaceutical companies that have produced products that cause birth defects in fetuses like DES.
If you suspect that medical negligence caused the birth injury of your child or birth defect, you must consult a lawyer for birth defects immediately. In certain states, there's only one year to file a medical malpractice suit, and if you wait longer than that may mean losing your chance to obtain the justice you have earned for your child's injury.
Statute of Limitations
A statute of limitations is a law which establishes the time limit for a person to file a civil lawsuit. If a person fails to meet an expiration date will lose the right to sue a defendant for damages. Birth injury cases may have more complex statutes of limitations than other kinds of medical malpractice claims.
A lawsuit is typically brought against the doctor or hospital that caused an injury to patients during labor or birth. These cases are often referred to as birthing injury lawsuits or wrongful birth lawsuits, however, Florida's laws allow parents to file a malpractice lawsuit for the death of a baby.
In a medical malpractice case the injured party must prove the at-fault doctor did not follow the expected level of care and consideration another medical professional would have used in similar circumstances. This includes failing to recognize a serious illness like low oxygen levels during childbirth that cause cerebral palsy or brain damage.
Contacting a qualified attorney is the first step to file a lawsuit for birth defects. A majority of attorneys offer free consultations to potential clients. If an attorney is convinced that the claim of a client is valid they will examine the medical documents of the client and hire experts to analyze them. They will also assist in preparing documents and filing the medical malpractice suit within time.
Expert Witnesses
In a case with birth injuries, it is essential to be able to have medical experts explain to jurors the medical procedures and practices. Expert witnesses can be difficult since they have to carefully review an extensive amount of information to be able make decisions in accordance with facts rather than opinions. In addition, they must be prepared to testify about things that may contradict their positions.
In the Daubert Case, the plaintiffs' expert claimed that Bendectin was the cause of the birth defect in their child. The judge ruled that the evidence was "at the forefront of research in science where fact meets theories, and certainty dissolves into probabilities." However the judge was not convinced there was enough proof 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. Nonetheless, there are still numerous avenues that an injured party may pursue a birth defect lawsuit.
A Philadelphia birth defect lawyer can assist victims about whether they are eligible for a claim. Lawyers can assist plaintiffs determine if they are eligible to file a lawsuit on their own or a class action. In certain cases, an attorney can file a lawsuit for birth injury as part a multidistrict litigation. To start you must fill out the form below for 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 However, they aren't eliminated. If a birth defect or injury occurs, and the cause was preventable, parents may pursue legal action to cover costs related to treatment.
Medical negligence claims often stem from a doctor's failure to diagnose or treat a condition. A physician may fail to conduct an ultrasound or make a mistake in surgery, resulting in birth defects like spina bifida. Other common causes of birth defect lawsuits include inadequate medication for the mother or exposure to chemicals or other environmental hazards while the baby develops in the womb.
A birth defect can affect any part of the body of a newborn which can affect their appearance, health, and functioning. In certain cases birth defects can shorten the life span of a child or trigger significant medical expenses.
Contact birth defect lawyer richmond if you believe the birth injury or defect was caused by medical negligence or mistakes during labor or pregnancy. A lawyer can explain your options and assist you to make a claim prior the statute of limitation expiring. A lawyer can also negotiate a settlement with the responsible parties for the injuries suffered by your child.