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How to File a Birth Defect Lawsuit Modern medicine and technology have greatly decreased the risks of childbirth. But, a birth defect or injury still occurs frequently. A birth defect lawsuit seeks compensation for medical expenses of your child as well as educational costs and other losses. You must prove that the medical professional you are suing has violated the standard medical care during or before the pregnancy or birth. Damages Pregnancy can be one of the most exciting yet nerve-wracking experiences during the lifetime of a parent. Parents want their children to be perfect and doctors do their best to avoid birth defects. Inattention to medical issues and negligence can increase the risk for birth defects and injuries. In the event of this happening an astonished family ought to consider pursuing justice through a birth defect lawsuit. A successful birth defect lawsuit can result in damages for a variety of different things. This includes pain and suffering for the victim along with loss of consortium and medical expenses, in addition to loss of earning capacity. The amount of damages a victim will receive will depend on the severity of their child's medical condition and the extent to which it has affected with their daily life. Environmental exposures can lead to birth defects and birth injuries. Studies have proven that pesticides, including lead and fungicides and paints, heavy metals and heavy metals, can increase the risk of birth defects. Birth defect lawyers have filed lawsuits against companies that exposed workers to hazardous chemicals, as well as against pharmaceutical companies that have made drugs that can cause birth defects in fetuses such as DES. If you think your child's birth defect, or birth injury was caused by medical malpractice, it is important to seek out a skilled birth defect lawyer as soon as you can. In some states, you have only one year to file a suit for medical malpractice. If you wait longer it could mean that your child won't get the justice they deserve. birth defect attorneys dayton of Limitations A statute of limitations is a law that determines the deadline for when a person is allowed to file a civil suit. If a person misses the deadline, they lose their right to seek damages from the defendant. Birth injury cases can have more complicated statutes of limitations than other types of medical malpractice claims. A lawsuit is usually filed against the doctor or hospital that caused a patient's injuries during labor and delivery. These cases are often referred to as birthing injury lawsuits or wrongful birth suits, though Florida's laws allow parents to bring a medical malpractice lawsuit for the death of an infant. In a medical malpractice lawsuit the plaintiff must prove the at-fault doctor failed to adhere to the expected level of care and consideration other health care providers would have used in similar circumstances. This includes failing to diagnose serious conditions like low oxygen levels in childbirth which can lead to cerebral palsy and brain damage. A qualified attorney should be the first step towards filing an action for birth defects. Many attorneys provide free consultations to prospective clients. If an attorney believes a client's claim is valid they will examine the medical records of the client and hire experts to review the claims. They can also assist in the preparation of documents and filing the medical malpractice suit within time. Expert Witnesses In cases involving birth injuries, it is crucial to be able to have medical experts explain to jurors the medical procedures and practices. Expert witnesses can be difficult to testify because they have to carefully review a vast amount of data in order to make a decision based on facts, not opinions. Furthermore, they should be prepared to testify about information that might contradict their opinions. In the Daubert Case, the plaintiffs' expert believed that Bendectin was responsible for the birth defect in their child. The judge found that the evidence was at the “cutting edge of scientific research, where fact meets theory and the certainty transforms into probability.” However, the judge did not believe there was sufficient evidence to prove that Bendectin increased the chance of developing birth defects. The Daubert decision was an affront to plaintiffs who had sued pharmaceutical companies in the hope of obtaining justice. However, there are many avenues for an injured person can pursue a lawsuit for birth defects. A Philadelphia birth defect lawyer can advise victims on whether they're eligible for a right to sue. A lawyer can determine whether the plaintiff is eligible to file a lawsuit individually or as part of an action class. In some instances lawyers can start a lawsuit for birth injuries as part an interdistrict litigation. Fill out the form below to receive a confidential and free consultation with an attorney. Representation Modern technology and recent advancements in medical technology may have decreased the risk of complications occurring during pregnancy and childbirth, but they're not completely eliminated. Parents can seek legal action if a birth defect or birth injury occurs, and the cause could have been prevented. Medical negligence claims are usually based on a doctor's failure diagnose or treat a disease. For instance, a doctor could neglect to perform an ultrasound examination or make an error during surgery, which could result in a birth defect such as spina bifida. Other causes that can lead to a birth defect lawsuit comprise insufficient medication for the mother or exposure to chemicals or other environmental dangers while the baby is growing in the womb. A birth defect can affect any part of a newborn's body and affect their health, function and appearance. In some instances, a birth defect can drastically reduce a baby's life expectancy or result in a significant amount of medical expenses. If you think the birth defect or injury is the result of medical malpractice or negligent care during labor or pregnancy, contact a qualified birth defect lawyer today. A lawyer can assist you in understanding your options and assist you make a claim prior the deadline for filing. A lawyer can also negotiate a settlement with the responsible parties for the injuries suffered by your child.