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How to File a Birth Defect Lawsuit Modern medical and technological advances have significantly reduced the risks of childbirth. Birth defects or injuries continue to occur frequently. A birth defect lawsuit seeks to compensate your child for medical expenses, educational costs, and other losses. You must prove that the medical professional you are suing breached the standard of treatment during or prior to the birth or during pregnancy. Damages Pregnancy can be one of the most exciting, yet nerve-wracking events during the lifetime of a parent. Parents want their children to be perfect, and doctors work to do their best to prevent birth defects from happening. Unfortunately, carelessness and negligence on the part of medical professionals can increase the chance of birth injuries and birth defects. Families who are shocked by this situation should consider the possibility of suing over a birth defect. A successful birth defect lawsuit could result in damages for a range of different things. This can include the suffering and suffering and loss of consortium, medical expenses, and loss of earning capacity. The amount of damages that an individual victim will be awarded depends on the severity of the child's medical condition and how much it has affected their quality of living. Birth injuries and birth defects can be caused by a number of factors such as environmental exposures. Studies have shown that pesticides, including fungicides and lead and paints, heavy metals and heavy metals, may increase the risk of birth defects. Birth defect lawyers have filed lawsuits against companies that exposed workers to these toxic chemicals, as well against pharmaceutical companies that have made medications that can cause birth defects in fetuses such as DES. If you suspect medical malpractice caused the birth injury or birth defect, you must consult a birth defect lawyer immediately. In certain 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 limitation is a law which establishes the deadline for an individual to file an action in civil court. If a person misses the deadline, they will lose the right to claim damages from the defendant. Birth injury cases can 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 injuries to a patient during labor and delivery. These cases can be called birthing injury suits or wrongful birth lawsuits however Florida's laws allow parents to file a malpractice lawsuit in the event of the death of a child. In order to prove medical malpractice, the party who suffered will need to show that the doctor at fault was not able to meet the standard of care and consideration expected by another health healthcare provider in similar situations. This includes failing to recognize a serious condition for example, low levels of oxygen in the childbirth process that cause brain damage and cerebral palsy. Contacting a qualified attorney is the first step to file a lawsuit for birth defects. Many attorneys provide free consultations and case review to potential clients. If the attorney believes a client has a valid claim they will look over medical records and appoint experts to examine their credibility. They will also assist in preparing documents and filing the medical malpractice suit within time. Expert Witnesses In the case of a birth injury it is crucial to have experts who can explain medical practices and procedures to jurors. Expert witnesses aren't easy to work with because they have to carefully review huge amounts of evidence and make decisions based on the facts rather than opinions. They should also be prepared to provide evidence on matters that could contradict their position. In the Daubert case, the plaintiffs' experts suggested that Bendectin caused their child's birth defects. The judge ruled that the evidence was on the “cutting edge of scientific research, where fact meets theory, and certainty transforms into probabilities.” However the judge did not believe that there was sufficient proof that Bendectin increased the chance of developing birth defects. The Daubert ruling was a setback for the plaintiffs, who had suing pharmaceutical companies to get justice. There are numerous avenues for a victim to pursue a lawsuit over a birth defect. birth defect law firm flower mound can assist victims in determining whether they're eligible for a claim. A lawyer can decide if a plaintiff is eligible to file a lawsuit individually or as part of a class action. In some instances lawyers can file a lawsuit for birth injury as part multidistrict litigation. Complete the form below to get a confidential and free consultation with an attorney. Representation Although the latest technology and advancements in the medical field have drastically reduced the chance of complications during childbirth and pregnancy However, they aren't eliminated. Parents can pursue legal action if they suffer a birth defect or birth injury occurs, and the cause could have been prevented. Medical negligence claims are often based on a doctor's failure diagnose or treat an illness. For example, a physician may fail to conduct an ultrasound exam or make an error during surgery, resulting in a birth defect similar to spina bifida. Other common causes of birth defect lawsuits include inadequate medication for the mother or exposure to chemicals or other environmental hazards as the baby is developing in the womb. A birth defect can affect any part of a newborn's body and affect their health, performance and appearance. In certain cases, birth defects can reduce the lifespan of a baby or result in significant medical expenses. Contact a birth defect lawyer immediately if you believe the birth defect or injury was the result of medical negligence or mistakes during labor or pregnancy. A lawyer can assist you in understanding your options and assist you to make a claim prior the deadline for filing. A lawyer might also be competent to negotiate settlements on your behalf with the responsible parties for the injuries your infant sustained.