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Modern medicine and technology have greatly reduced the risk of childbirth. However, birth defects or injury is still a common occurrence.
A birth defect lawsuit seeks compensation for birth Defects medical expenses of your child as well as educational costs and other losses. To be able to pursue a claim, you need to establish that medical professionals violated the standard of care prior to or during pregnancy, or delivery.
Damages
Pregnancy is one of the most exciting and nerve-wracking moments in the life of a parent. Parents want their babies to be perfect, and doctors work to do their best to prevent birth defects from occurring. Unfortunately, negligence and carelessness on the part of medical professionals can increase the risk of birth injuries and birth defects. When this occurs families that are shocked might want to pursue justice via a birth defect lawsuit.
A successful birth defect attorneys defect lawsuit can result in damages for a variety of different things. This includes the victim's suffering and suffering and loss of consortium medical expenses, and loss of earning capacity. The amount of damages an individual victim will be awarded depends on the severity of the child's illness and how much it has affected their quality of life.
Birth injuries and birth defects can be caused by a variety of causes, including environmental exposures. Studies have proven that certain chemicals like fungicides, pesticides and lead, as well paints, and heavy metals can increase the chance of birth defects. Birth defect lawyers have brought suits against companies that exposed workers to these hazardous chemicals, as well as against pharmaceutical companies that have made drugs that can cause birth defects in fetuses like DES.
If you suspect that medical malpractice caused the birth injury or birth defect, you must consult a lawyer for birth defects immediately. In some states, you only have one year to file a medical negligence suit, and waiting any longer than that could 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 the deadline for an individual to file a civil lawsuit. If a person misses the deadline, they lose their right to seek damages from a defendant. Birth injury claims can be more complex in terms of the time limit than other medical malpractice claims.
A lawsuit is typically filed against the doctor or hospital that caused injuries to a patient during labor and birth. These cases are commonly called birthing injury lawsuits or birth defects wrongful birth suits though Florida's laws allow parents to bring a medical malpractice lawsuit for an infant's death.
In a lawsuit for medical malpractice the injured party must prove the at-fault doctor did not follow the standard of care and consideration that another medical professional would have utilized in similar circumstances. This includes failing in diagnosing an illness that is serious like low levels of oxygen during childbirth that result in cerebral palsy or brain damage.
Finding a reputable attorney is the first step to filing a lawsuit against birth defects. A majority of attorneys offer free consultations for potential clients. If the lawyer believes that a client has a valid claim, they will examine medical records and hire experts to review the case. They will also assist in preparing documents and file the medical malpractice lawsuit in time.
Expert Witnesses
In a case involving birth injuries, it's essential to have medical experts who can explain to jurors the medical practices and procedures. Expert witnesses can be difficult to testify because they have to scrutinize a vast amount of data to be able to make decisions in accordance with facts rather than opinions. They should also be prepared to testify about facts that may conflict with their opinions.
In the Daubert case the plaintiffs' experts argued that Bendectin was the cause of their child's birth defects. The judge found that the evidence was on the "cutting edge of scientific research, where evidence meets theory and the certainty transforms into probability." However the judge did believe there was enough evidence that Bendectin doubled a baby's chance of developing birth defects.
The Daubert decision was a setback to plaintiffs who had filed lawsuits against pharmaceutical companies in the hope of obtaining justice. Nonetheless, there are still various ways in which the injured party could pursue a lawsuit for birth defects.
A Philadelphia birth defect lawyer can assist those suffering from birth defects to determine whether they are a victim. A lawyer can help plaintiffs determine whether they are qualified to file a lawsuit on their own or a class action. In some instances attorneys can bring a lawsuit on behalf of a birth injuries as part multidistrict litigation. Fill out the form below to receive a confidential and free consultation with an attorney.
Representation
Modern technology and recent advancements in the medical field may have decreased the risk of complications that can occur during pregnancy and childbirth, 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 often result from a doctor's inability to properly diagnose or treat a condition. A physician may fail to perform an ultrasound or make a mistake in surgery, resulting in birth defects such as spina bifida. Birth defects can be caused by the wrong medication taken by the mother, or exposure to chemicals or other environmental dangers during the development of the baby in the womb.
A birth defect may affect any part of the body of a newborn and affect their appearance, health and function. In some instances birth defects can significantly diminish a baby's life expectancy or lead to an enormous amount of medical costs.
Contact an attorney for birth defects today if you believe that the birth defect or injury was caused by medical negligence or carelessness during labor or birth defect law firms. A lawyer can assist you in understanding your options and assist you make a claim before the time limit expiring. A lawyer can also negotiate a settlement with the responsible parties for the injury of your child.
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