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Modern medicine and technology have greatly reduced the risk of childbirth. Birth defects or injuries continue to occur frequently.
A birth defect lawsuit seeks reimbursement for your child's medical expenses education costs, as well as other expenses. You must prove that the medical professional you are suing violated the standard care prior to or during pregnancy or delivery.
Damages
Pregnancy is one of the most exciting and stressful moments in the life of a parent. Parents want their children to be perfect, and doctors work to do all they can to stop birth defects from occurring. However, carelessness and negligence on the part of medical professionals can increase the chance of birth injuries and defects. When this occurs families that are shocked 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 suffering and suffering, loss of consortium, medical expenses and lost earning capacity. The amount of damages that the victim will receive is contingent on the degree of the child's health, and how much it has affected their quality of living.
Environmental exposures can result in birth defects and birth injuries. Studies have revealed that pesticides like 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 as well as pharmaceutical companies that make drugs like DES that may cause birth defects in fetuses.
If you believe that your child's birth defect, or birth injury was the result of medical negligence, you must speak with a skilled birth defect lawyer as quickly as you can. In certain states, you only have one year to file a lawsuit claiming medical malpractice. If you put off filing a lawsuit for a longer period and you don't, your child will not receive the justice they deserve.
Statute of limitations
A statute of limitations is a law which defines the time frame for which a person has to file a civil suit. Anyone who fails to meet a deadline loses the right to pursue a defendant for damages. birth defect law firms injury claims may have a more complicated statute of limitations than other medical malpractice claims.
A lawsuit is usually filed against the doctor or the hospital that caused injuries to a patient during labor and delivery. These cases are usually known 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.
In a lawsuit for medical malpractice, the injured party must prove the at-fault doctor was not adhering to the standards of care and consideration that any other medical professional would have followed in similar circumstances. This includes failing to recognize a serious condition such as low oxygen levels in childbirth which can lead to cerebral palsy and brain damage.
The first step to file a birth defect lawsuit is to contact a skilled attorney. The majority of lawyers offer free consultations to prospective clients. If the attorney is convinced that a client has a valid claim they will review medical records and engage experts to review them. They will also assist in preparing documents and file the medical malpractice lawsuit on time.
Expert Witnesses
In a case that involves birth injuries, it is vital to have medical experts who can provide a jury with the medical procedures and practices. Expert witnesses can be difficult since they have to scrutinize a large amount of information to make decisions that are based on evidence rather than opinion. They should also be able to testify on facts that could contradict their opinions.
In the Daubert Case the plaintiffs' expert claimed that Bendectin is the reason for the birth defect of their child. The judge found that the evidence was on the "cutting edge of scientific research, where fact meets theory and certainty dissolves into probability." However the judge did not believe there was enough evidence that Bendectin doubled a baby's chance of developing birth defects.
The Daubert decision was an affront to plaintiffs who had filed a lawsuit against pharmaceutical companies an effort to obtain justice. Nonetheless, there are still many ways that an injured person could pursue a birth defect lawsuit.
A Philadelphia birth defect attorney can assist those suffering from birth defects to determine whether they are a victim. A lawyer can help clients determine if they're eligible to file a lawsuit as an individual or a class action. In certain situations lawyers can make a birth injury claim as part of multidistrict lawsuit (MDL). To start by filling out the form on this page to request a an initial consultation for free and confidential with a licensed attorney.
Representation
Modern technology and recent advances in medicine may have decreased the risk of complications that can occur during pregnancy and childbirth, however they are not completely eliminated. When a birth defect or injury occurs, and the cause was preventable, parents may seek legal action to cover costs associated with treatment.
Medical negligence claims usually result from a doctor's inability to identify or treat a condition. A physician may not perform an ultrasound or make a mistake in surgery, leading to birth defects such as spina bifida. Other causes for a birth defect lawsuit include an ineffective medication for the mother or exposure to chemicals or other environmental hazards while the baby is growing in the womb.
A birth defect may affect any part of the body of a newborn, affecting their appearance, health, and functionality. In some cases the birth defect could drastically reduce a baby's life expectancy or lead to significant medical costs.
Contact an attorney for birth defects today if you believe that your child's birth defect or injury was caused by medical negligence or malpractice during pregnancy or labor. A lawyer can help explain your options and assist you to file a claim prior to the deadline for filing. A lawyer may also be in a position to negotiate settlements on your behalf with the parties responsible for the injury to your child.
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