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How to File a Birth Defect Lawsuit Modern medicine and technology have greatly reduced the risk of childbirth. Birth defects or injuries still occur frequently. A birth defect lawsuit seeks to compensate your child for medical expenses, educational costs and other losses. To be able to pursue claims, you must prove that a medical professional did not meet the standard of care prior to or during pregnancy, or delivery. Damages Pregnancy is one of the most exciting and stressful experiences a parent can experience. Parents want their babies to be perfect, and doctors do their best to avoid birth defects. Unfortunately, negligence and carelessness on the part of medical professionals can increase the risk of birth injuries and birth defects. Families who are shocked by this incident should think about seeking legal action for a birth defect. A successful birth defect suit could result in damages for many different things. These include a victim's pain and suffering and loss of consortium medical expenses and lost earning capacity. The amount of damages a victim will receive will depend on the severity of their child's medical condition and the extent that it has affected with their daily life. Birth defects and birth injuries can be caused by a variety of factors, including exposure to environmental factors. Research has shown that pesticides like lead and fungicides, as well heavy metals, paints, and heavy metals, could increase the risk of birth defects. Birth defect lawyers have brought lawsuits against companies that have exposed workers to these hazardous chemicals, as well as against pharmaceutical companies who have manufactured drugs that can cause birth defects in fetuses such as DES. If you suspect that medical error caused your child's birth injury or birth defect, you must consult a birth defect lawyer immediately. In birth defect lawsuit colorado , you have only one year to file a medical malpractice suit, and if you wait longer than that could mean losing your chance of getting the justice you deserve for your child's injury. Statute of limitations A statute of limitation is a law which establishes the time limit for filing a civil lawsuit. A person who misses an expiration date will lose the right to sue a defendant for damages. Birth injury cases could have more complex statutes of limitations than other types of medical malpractice claims. A lawsuit is usually filed against the doctor or hospital that caused injuries to a patient during labor and birth. These cases can be referred to as birthing injury lawsuits or wrongful birth lawsuits however Florida's laws allow parents to file a malpractice lawsuit in the event of the death of an infant. In a lawsuit for medical malpractice, the injured party must prove that the doctor at fault did not follow the expected level of care and consideration another medical professional would have utilized in similar circumstances. This includes failing in diagnosing a serious condition for example, low levels of oxygen during childbirth which can cause cerebral palsy and brain damage. The first step to file a birth defect lawsuit is to speak with a skilled attorney. Many attorneys provide free consultations for potential clients. If an attorney is convinced that the client's claim is legitimate they will examine the medical records of the client, and they will hire experts to evaluate the records. They will also assist in preparing documents and file the medical malpractice lawsuit within time. Expert Witnesses In cases which involves birth injuries, it is crucial to have medical experts who can explain to a jury the medical practices and procedures. Expert witnesses can be difficult because they have to scrutinize an extensive amount of information to make decisions based on facts, not opinion. They also have to be willing to provide evidence on matters that could contradict their position. In the Daubert case the plaintiffs' experts claimed that Bendectin was the cause of the birth defects of their child. The judge found that the evidence was at the “cutting edge of research in science, where fact meets theory and certainty dissolves into probabilities.” However the judge did believe that there was sufficient evidence to prove that Bendectin doubled a baby's risk of developing birth defects. The Daubert decision was a blow to plaintiffs who had sued pharmaceutical companies in seeking justice. But there are many ways that an injured party may pursue a lawsuit for birth defects. A Philadelphia birth defect lawyer can advise victims on whether they have a claim. A lawyer can decide if the plaintiff is eligible to file a lawsuit on their own or as part of an action class. In certain cases an attorney may be able to file a lawsuit for birth injuries as part of multidistrict litigation. Complete the form below to receive a private and free consultation with an attorney. Representation Although modern technology and recent developments in the field of medicine have drastically reduced the chance of complications during childbirth and pregnancy however, they are not completely eliminated. If a birth defect or injury occurs and the cause was preventable, parents may pursue legal action to cover the costs associated with treatment. Medical negligence claims typically stem from a doctor's failure to identify or treat a problem. A physician may fail to diagnose an ultrasound or make a mistake in surgery, resulting in a birth defect such as spina bifida. Other causes that can lead to a birth defect lawsuit comprise inadequate medication for the mother or exposure to chemicals or other environmental hazards when the baby develops in the womb. A birth defect can affect any part of a newborn's body, and affect their health, function and appearance. In some cases the birth defect can drastically reduce a baby's life expectancy, or cause an enormous amount of medical expenses. Contact an attorney for birth defects immediately if you believe your child's birth defect or injury was the result of medical negligence or negligence during labor or pregnancy. A lawyer can explain your options and help you make a claim before the statute of limitation expiring. A lawyer can also negotiate a settlement with the parties responsible for the injury suffered by your child.