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How to File a Birth Defect Lawsuit Modern technology and advances in medicine have significantly reduced the risks associated with childbirth. Birth defects or injuries still occur frequently. A birth defect lawsuit seeks compensation for medical expenses of your child education costs, as well as other losses. To pursue a claim, you must establish that medical professionals violated the standard of care prior to or during pregnancy or the birth of your child. Damages Pregnancy is among the most exciting and stressful times in a parent's life. Parents want their babies to be perfect, and doctors do everything they can to prevent birth defects. Medical negligence and inattention can increase the risk of birth defects and injuries. If this happens, a stunned family ought to consider pursuing justice through a birth defect lawsuit. A successful birth defect suit could result in damages for a variety of different things. This includes suffering for the victim as well as loss of consortium, medical expenses, as well as lost earning capacity. birth defect lawyer charlotte of compensation a victim will receive depends on the severity of the child's medical condition, and how much it has affected their quality of living. Environmental exposures can lead to birth defects and birth injuries. Studies have proven that certain chemicals, such as pesticides, fungicides, lead, heavy metals and paints can increase the likelihood of birth defects. Birth defect lawyers have filed lawsuits against companies that exposed employees to harmful chemicals as well as pharmaceutical companies that manufacture drugs like DES that can cause birth deformities in fetuses. If you suspect medical malpractice caused the birth injury of your child or birth defect, you must consult a lawyer for birth defects immediately. In some states, you are given one year to file a lawsuit for medical malpractice. If you delay and you don't, your child won't get the justice they deserve. Statute of Limitations A statute of limitations is a law which defines the time limit for a person to file a civil action. If a person fails to meet the deadline, they will lose the right to claim damages from a defendant. Birth injury cases may have more complex statutes of limitations than other types of medical malpractice cases. A lawsuit is usually filed against the doctor or hospital that caused an injury to the patient during labor and delivery. These cases can be called birthing injury lawsuits or wrongful birth lawsuits, however Florida's laws permit parents to file a malpractice lawsuit for the death of a child. In order to prove medical negligence, the person who was injured will need to show that the doctor at fault didn't adhere to the standards of care and consideration required by a different health healthcare provider in similar circumstances. This includes failing to diagnose an illness that is serious, such as low oxygen levels during childbirth that result in brain damage and cerebral palsy. The first step in filing a birth defect lawsuit is to speak with a skilled attorney. Most attorneys offer free consultations and reviews of cases to prospective clients. If the attorney is convinced that a client has a valid case, they will look over medical records and hire experts to evaluate their credibility. They can also assist in the preparation of documents and file the medical malpractice suit on time. Expert Witnesses In cases which involves birth injuries, it is vital to have medical experts who are able to explain to a jury the medical practices and procedures. Expert witnesses can be difficult to work with because they must be able to scrutinize massive amounts of information and be able to make decisions based upon facts rather than their opinions. They should also be able to testify on facts that might contradict their position. In the Daubert Case, the plaintiffs' expert claimed that Bendectin is the reason for the birth defect in their child. The judge concluded that the evidence was “at the forefront of scientific research, where evidence meets theories and certainty transforms into probabilities.” However the judge did not believe there was enough evidence to conclude that Bendectin caused birth defects. The Daubert decision was a blow to plaintiffs that had filed lawsuits against pharmaceutical companies in an effort to obtain justice. Nonetheless, there are still many avenues for an injured person could pursue a birth defect lawsuit. A Philadelphia birth defect lawyer will assist the victims to determine whether they have a case. Lawyers can determine if the plaintiff is able to file a lawsuit individually or as part of an action class. In some cases an attorney may be able to make a claim for birth injury as part multidistrict litigation. Fill out the form below for a confidential and free consultation with an attorney. Representation Although the advancements in technology and developments in the field of medicine have drastically reduced the chance of complications during pregnancy and childbirth However, they aren't eliminated. Parents can pursue legal action if a birth injury or defect occurs, and the reason could have been prevented. Medical negligence claims typically result from a doctor's inability to diagnose or treat a condition. A doctor may fail to conduct an ultrasound or make a mistake during surgery, leading to birth defects like spina bifida. Other common causes of a birth defect lawsuit are insufficient medication for the mother or exposure to chemicals or other environmental dangers while the baby develops in the womb. A birth defect may affect any part of the newborn's body that can affect their appearance, health and functioning. In some cases birth defects can decrease the life expectancy of a newborn or lead to major medical expenses. Contact an attorney for birth defects immediately if you believe your child's birth defect or injury was caused by medical negligence or mistakes during labor or pregnancy. A lawyer can assist you determine your options and make a claim before the deadline for filing a claim expires. A lawyer can also negotiate a settlement with the responsible parties for the injury of your infant.