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Modern medical technology and medicine have drastically reduced the risks of childbirth. But, a birth defect or injury still happens frequently.
A birth defect lawsuit seeks to recover for your child's medical expenses education costs, as well as other expenses. To pursue such claims, you must demonstrate that medical professionals did not meet the standard of care prior to pregnancy or during the delivery.
Damages
Pregnancy is among the most exciting and stressful moments in the life of a parent. Parents want their babies to be perfect, and doctors attempt to do everything they can to prevent birth defects from happening. Unfortunately, negligence and carelessness on the part of medical practitioners can increase the risk of birth injuries and birth defects. When this happens, a stunned family might want to pursue justice via a birth defect lawsuit.
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 loss of earning capacity. The amount of damages a victim will receive will depend on the severity of their child's illness and the extent to which it has affected in their quality of life.
Birth injuries and birth defects can be caused by a variety of factors which include exposure to environmental factors. Studies have revealed that certain chemicals, like pesticides, fungicides and lead, as well as paints and heavy metals may increase the chances of birth defects. Birth defect lawyers have brought suits against companies that exposed workers to hazardous chemicals, as well as against pharmaceutical companies that have developed drugs that can cause birth defects in fetuses, like DES.
If you suspect that your child's birth defect, or birth injury was the result of medical malpractice, Birth Defect it is important to speak with a skilled birth defect lawyer as quickly as possible. In certain states, there is only one year to file a medical negligence lawsuit, and waiting more than that could mean losing your chance to get the justice you need for your child's injuries.
Statute of Limitations
A statute of limitation is a law that establishes the time limit for a person to file a civil lawsuit. If a person misses the deadline, they will lose the right to collect damages from the defendant. Birth injury cases can have more complex statutes of limitations than other types of medical malpractice claims.
A lawsuit is typically filed against the doctor or hospital that caused injuries to a patient during labor and delivery. These cases are usually referred to as birthing injury lawsuits or wrongful birth suits, though Florida's laws allow parents to pursue a medical malpractice suit to bring a child's death.
To prove medical negligence, the person who was injured must prove that the doctor at fault was not able to meet the standard of care or consideration required by a different health healthcare provider in similar situations. This could include failing to recognize a serious condition such as low oxygen levels in childbirth which can result in cerebral palsy and brain damage.
The first step in filing a birth defect lawsuit is to reach an experienced attorney. Many attorneys provide free consultations and case review to prospective clients. If the attorney is convinced that a client has a valid claim, they will look over medical records and hire experts to review the evidence. They will also assist in preparing documents and filing the medical malpractice lawsuit within time.
Expert Witnesses
In a case that involves birth injuries, it is essential to have medical experts who are able to provide a jury with the medical practices and procedures. However, expert witnesses can be difficult to work with because they have to carefully review huge amounts of information and be able to make decisions based on the facts rather than opinions. They must also be willing to testify on facts that could contradict their opinions.
In the Daubert case, the plaintiffs' experts suggested that Bendectin caused their child's birth defects. The judge concluded that the evidence was on the "cutting edge of scientific research, where fact meets theory and certainty dissolves into probability." However the judge did believe there was enough evidence to support the claim that Bendectin doubled a baby's chance of developing birth defects.
The Daubert ruling was a setback for plaintiffs, who had sued pharmaceutical companies to try and get justice. But there are numerous avenues that the injured party could pursue a birth defect lawsuit.
A Philadelphia birth defect lawyer can help victims on whether they have a right to sue. Lawyers can determine if the plaintiff is eligible to file a suit on their own or as part of an action class. In some cases, an attorney can make a claim for birth injuries as part a multidistrict lawsuit. Fill out the form below to receive a confidential and free consultation with an attorney.
Representation
Modern technology and recent advancements in medical technology may have reduced the risk of complications that can occur during pregnancy and childbirth, but they are not completely eliminated. When a birth defect or injury occurs, and the cause could have been avoided, parents may seek legal action to cover costs related to treatment.
Medical negligence claims are usually based on a doctor's failure diagnose or treat an illness. For instance, a doctor could neglect to perform an ultrasound test or make an error during surgery, resulting in a birth defect similar to 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 hazards while the baby is developing in the womb.
A birth defect law firm defect can affect any part of a newborn's body. It can affect their health, function and appearance. In some instances, a birth defect can severely reduce a baby's life expectancy, or cause an enormous amount of medical costs.
If you believe your child's birth defect (Ecuadortenisclub's website) or injury was the result of negligence or medical malpractice during pregnancy or labor seek out a qualified birth defect attorney today. A lawyer can assist you identify your options and make a claim prior to the time limit expires. A lawyer can also negotiate an agreement with the parties accountable for the harm to your child.
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