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Modern technology and medicine have dramatically reduced the risks of childbirth. But, a birth defect or injury still occurs frequently.
A birth defect lawsuit seeks reimbursement for medical expenses of your child or educational costs, among other expenses. To pursue such claims, you must establish that a medical professional violated the standard of care prior to pregnancy or delivery.
Damages
Pregnancy can be one of the most exciting, yet nerve-wracking times during the lifetime of a parent. Parents want their children to be perfect, and doctors try to do everything they can to prevent birth defects from happening. Unfortunately, carelessness and negligence on the part of medical professionals can increase the chance of birth injuries and birth defects. If this happens an astonished family may want to seek justice through a birth defect lawsuit.
A successful birth defect lawsuit may result in damages for a number of different things. This can include pain and suffering for the victim, loss of consortium and medical expenses, in addition to lost earning capacity. The amount of compensation the victim will receive is contingent on the severity of the child's medical condition and how much it has affected their quality of living.
Birth injuries and birth defects can be caused by a variety of factors which include environmental exposures. Studies have proven that certain chemicals, like fungicides, pesticides, lead, paints and heavy metals may increase the risk of birth defects. Birth defect lawyers have filed suits against companies that exposed workers to harmful chemicals, and also against pharmaceutical companies that have produced drugs that could cause birth defects in fetuses like DES.
If you think your child's birth defect or injury was caused by medical malpractice, it is important to seek out a skilled birth defect lawyer as soon as you can. In certain states, you only have one year to file a medical negligence lawsuit, and waiting more than that can mean losing the chance to receive the justice you have earned for your child's injury.
Statute of limitations
A statute of limitations is a law that sets the time limit for someone to file an action in civil court. If a person misses the deadline, they lose the right to collect damages from a defendant. Birth injury cases have more complex statutes of limitations than other kinds of medical malpractice claims.
A lawsuit is usually filed against the doctor or hospital that caused a patient's injuries during labor and birth. These cases are often referred to birthing injury suits or wrongful birth lawsuits although Florida's laws permit parents to file a malpractice suit in the event of the death of a child.
In a medical malpractice lawsuit the plaintiff must prove the at-fault doctor did not follow the standard of care and consideration that another medical professional would have followed in similar circumstances. This includes failing to recognize serious conditions like low oxygen levels in childbirth which could lead to cerebral palsy and brain damage.
The first step in filing a birth defect lawsuit is to speak with an experienced attorney. Most attorneys offer free consultations for potential clients. If an attorney believes the client's claim is legitimate, they will review the medical records of the client and hire experts to evaluate the claims. They will also assist in preparing documents and file the medical malpractice lawsuit on time.
Expert Witnesses
In cases involving birth injuries, it is essential to have medical experts who can explain to jurors the medical practices and procedures. However, expert witnesses can be difficult to work with since they must scrutinize huge amounts of evidence and be able to make decisions based upon facts rather than opinions. They must also be prepared to testify about information that might contradict their opinions.
In the Daubert case, the plaintiffs' experts suggested that Bendectin was the cause of their child's birth defects. The judge found that the evidence was on the "cutting edge of research in science, where reality meets theory and certainty dissolves into probability." However, the judge did not consider there was enough evidence to support the claim that Bendectin doubled the chances of developing birth defects.
The Daubert decision was a blow to plaintiffs who had filed a lawsuit against pharmaceutical companies an attempt to get justice. However, there are various ways in which an injured person could pursue a birth defect lawsuit.
A Philadelphia birth defect lawyer can assist victims about whether they have a right to sue. Lawyers can assist plaintiffs determine whether they are qualified to file an individual lawsuit or a class action. In certain cases an attorney may be able to bring a lawsuit on behalf of a birth injury as part of a multidistrict litigation. Fill out the form to get a confidential and free consultation with an attorney.
Representation
Although modern technology and recent advances in medicine have greatly reduced the risk of complications during pregnancy and childbirth but they aren't completely eliminated. When a birth defect or injury occurs, and the cause is preventable, parents may pursue legal action to cover costs related to treatment.
Medical negligence cases typically stem from a doctor's failure to recognize or treat a condition. For example, a physician might fail to conduct an ultrasound exam or make a mistake during surgery, resulting in a birth defect, such as spina bifida. Other causes that can lead to a birth defect lawsuit include insufficient 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 baby and affect their health, functioning and appearance. In certain instances, a birth defect can drastically reduce a baby's life expectancy or lead to a significant amount of medical expenses.
If you think your child's birth defect or injury is the result of medical malpractice or negligent care during labor or birth defect pregnancy get in touch with a reputable birth defect attorney today. A lawyer can assist you identify your options and submit a claim before the deadline for filing a claim expires. A lawyer may also be competent to negotiate an agreement on your behalf with the parties accountable for your child's injuries.
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