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How to File a Birth Defect Lawsuit Modern medicine and technology have greatly reduced the risks of childbirth. But, a birth defect or injury still occurs frequently. A birth defect lawsuit seeks to compensate your child for medical expenses, educational costs and other damages. You must prove that the medical professional you are suing violated the standard treatment prior to or during pregnancy or delivery. Damages Pregnancy can be one of the most exciting but nerve-wracking moments in the life of a parent. Parents want their babies perfect and doctors do everything to prevent birth defects. Inattention to medical issues and negligence can increase the risk of birth defects and injuries. If this happens the family of the victim ought to consider pursuing justice through a birth defect lawsuit. A successful birth defect lawsuit may result in damages for a number of different things. These include a victim's suffering and suffering, loss of consortium, medical expenses, and loss of earning capacity. The amount of damages a person suffers will depend on the severity of their child's medical condition and the extent that it has affected with their daily life. Environmental exposures can result in birth injuries and birth defects. Studies have revealed that certain chemicals, like pesticides, fungicides and lead, as well paints and heavy metals can increase the risk of birth defects. Birth defect lawyers have brought suits against businesses that have exposed workers to toxic chemicals, as well against pharmaceutical companies that have produced drugs that could cause birth defects in fetuses, like DES. If you suspect that medical error caused the birth injury of your child or birth defect, you must seek out a birth defect lawyer immediately. In some states, you only have one year to file a lawsuit against medical malpractice. If you delay, it could mean that your child will never receive the justice they deserve. Statute of Limitations A statute of limitations is a law that defines the time limit for filing an action in civil court. If a person fails to meet the deadline, they will lose their right to seek damages from a defendant. Birth injury cases can have a more complicated time limit than other medical malpractice claims. A lawsuit is typically filed against the doctor or the hospital that caused injuries to a patient during labor and birth. These cases are often referred to as birthing injury suits or wrongful birth lawsuits, however Florida's laws permit parents to file a malpractice lawsuit for the death of a child. In a case of medical malpractice, the injured party must prove that the doctor at fault was not adhering to the standard of care and consideration any other medical professional would have used in similar circumstances. This includes failing to diagnose an illness of serious severity, such as low levels of oxygen during childbirth that result in cerebral palsy and brain damage. Contacting a reputable attorney is the first step towards filing an action for birth defects. Most attorneys offer free consultations and case review to potential clients. If the attorney is convinced that a client has a valid claim they will look into medical records and appoint experts to examine the evidence. They will also assist with the preparation of documents and file the medical malpractice lawsuit on time. birth defect attorneys denver In cases with birth injuries, it is vital to be able to have medical experts provide a jury with the medical procedures and practices. Expert witnesses aren't easy to work with as they have to carefully review huge amounts of evidence and make decisions based upon facts rather than their opinions. Furthermore, they should be prepared to testify about facts that could contradict their positions. In the Daubert Case the plaintiffs' expert claimed that Bendectin is the reason for the birth defect in their child. The judge found that the evidence was at the “cutting edge of scientific research, where evidence meets theory and the certainty transforms into probabilities.” However the judge did not believe there was sufficient proof that Bendectin doubled a baby's risk of developing birth defects. The Daubert decision was a blow to plaintiffs that had filed a lawsuit against pharmaceutical companies an attempt to get justice. There are many ways for a person who has suffered injury to file a lawsuit for the birth defect. A Philadelphia birth defect lawyer will assist the victims to determine whether they're eligible for a claim. Lawyers can determine if the plaintiff is eligible to pursue a lawsuit by themselves or as part of a class action. In some cases an attorney may be able to start a lawsuit for birth injuries as part of multidistrict litigation. To get started you must fill out the form on this page to request a a free and confidential consultation with a reputable lawyer. Representation Modern technology and recent advancements in the field of medicine could have decreased the chance of complications occurring during childbirth and pregnancy, but they're still not completely eliminated. When a birth defect or injury occurs and the cause was preventable, parents may seek legal action to recover the costs related to treatment. Medical negligence claims are typically based on a doctor's failure diagnose or treat an illness. For example, a physician might fail to conduct an ultrasound screening or make a mistake during surgery, resulting in a birth defect similar to spina bifida. Birth defects can also be caused by improper medication that is taken by the mother or exposure to chemicals and other environmental dangers that can affect the development of the baby in the womb. A birth defect can affect any part of a newborn's body. It can impact their health, function and appearance. In some instances birth defects can decrease the life expectancy of a newborn or lead to substantial medical expenses. If you suspect the birth defect or injury was the result of negligence or medical malpractice during labor or pregnancy get in touch with a reputable birth defect lawyer today. A lawyer can help discover your options and file a claim before the time limit expires. A lawyer may also be able to negotiate the settlement on behalf of you with the parties accountable for your infant's injury.