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Modern technology and advances in medicine have drastically reduced the risk of the birth of a child. But, a birth defect or injury can still happen frequently.
A birth defect lawsuit seeks reimbursement for your child's medical expenses or educational costs, among other expenses. You must prove that the medical professional involved breached the standard of care prior to or during pregnancy or delivery.
Damages
Pregnancy is one of the most exciting and stressful moments in the life of a mother. Parents want their babies to be perfect, and doctors strive to do all they can to prevent birth defects from occurring. Unfortunately, carelessness and negligence on the part of medical practitioners can increase the chance of birth defects and injuries. A family who is shocked by this news should think about the possibility of suing over a birth defect.
A successful birth defect lawsuit could result in damages for a variety of different things. This includes suffering for the victim, loss of consortium and medical expenses, in addition to lost earning capacity. The amount of damages that an individual victim will be awarded depends on the degree of the child's health and how much it has affected their standard of life.
Birth defects and birth injuries can be caused by a number of factors that include environmental exposures. Research has shown that certain chemicals like pesticides, fungicides lead, paints, and heavy metals can increase the chances of birth defects. Birth defect lawyers have brought suits against companies that exposed workers to toxic chemicals, as well against pharmaceutical companies that have produced drugs that can cause birth defects in fetuses such as DES.
If you suspect that medical negligence caused your child's birth injury or birth defect, seek out a birth defect lawyer immediately. In certain states, you have only one year to file a lawsuit claiming medical malpractice. If you put off filing a lawsuit for a longer period, it could mean that your child will never get the justice they deserve.
Statute of limitations
A statute of limitations is a law that sets the deadline for someone to file a civil lawsuit. A person who misses the deadline will lose the right to pursue a defendant for damages. birth defect attorneys injury cases can have a more complicated time limit than other medical malpractice claims.
A lawsuit is usually filed against the hospital or doctor that caused an injury to an individual during labor and delivery. These cases are sometimes referred to as birthing injury lawsuits or wrongful birth lawsuits, although Florida's laws permit parents to file a malpractice suit for the death of an infant.
To prove medical malpractice, the injured party will need to show that the doctor at fault did not adhere to the level of care and consideration expected by another health medical professional in similar circumstances. This includes failing diagnose a serious illness, such as low oxygen levels in childbirth that can cause cerebral palsy and brain damage.
The first step in filing a birth defect lawsuit is to reach an experienced attorney. Most attorneys offer free consultations for potential clients. If the attorney believes that a client has a valid case, they will examine medical records and appoint experts to evaluate them. They will also assist in preparing documents and filing the medical malpractice lawsuit in time.
Expert Witnesses
In cases with 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 as they must scrutinize huge amounts of evidence and be able to make decisions based on facts rather than their opinions. They must also be willing to provide evidence on matters that may conflict with their opinions.
In the Daubert Case the plaintiffs' expert claimed that Bendectin was responsible for the birth defect of their child. The judge concluded that the evidence was on the "cutting edge of scientific research, where evidence meets theory and certainty dissolves into probability." However, the judge did not consider there was enough proof that Bendectin doubled a baby's chance of developing birth defects.
The Daubert ruling was a setback for plaintiffs, who had filed a lawsuit against pharmaceutical companies in order to get justice. There are a variety of avenues for a victim to pursue a lawsuit over a birth defect.
A Philadelphia birth defect lawyer can help victims about whether they have a claim. A lawyer can determine if an individual plaintiff is eligible to file a suit on their own or as part of a class action. In some instances an attorney may be able to file a lawsuit for birth injury as part of multidistrict litigation. To get started complete the form on this page to request a the opportunity to have a no-cost and confidential consultation with a professional lawyer.
Representation
Modern technology and recent advances in the field of medicine could have decreased the risk of complications that can occur during pregnancy and childbirth but they are not completely eliminated. Parents can take legal action if a birth injury or defect occurs, and the cause could have been avoided.
Medical negligence claims typically result from a doctor's inability to identify or treat a problem. Physicians may not perform an ultrasound or make a mistake during surgery, leading to a birth defect such as spina bifida. Other common causes of birth defect lawsuits (classicalmusicmp3freedownload.com) include an ineffective medication for the mother or exposure to chemicals or other environmental dangers while the baby is developing in the womb.
A birth defect law firm defect could affect any part of the newborn's body that can affect their health, appearance and functioning. In some instances, a birth defect can dramatically reduce a child's life expectancy or result in significant medical expenses.
If you suspect your child's birth defect or injury was the result of negligence or medical malpractice during pregnancy or labor, contact a qualified birth defect lawyer today. A lawyer can assist you in understanding your options and assist you make a claim before the statute of limitations expiring. A lawyer can also negotiate a settlement with the responsible parties for the injury suffered by your infant.
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